Blog

No Recovery For Plaintiff Who Fell on Ice Who Strayed From Walkway

June 05, 2012

In January of 2008 Plaintiff slipped and fell on ice on a patio near the front entrance of Trinity Continuing Care Services nursing home. She had driven her three-wheeled bicycle to the building to don...

Temporary Staff Psychiatrist Entitled to Governmental Immunity Even Though He Was Called an Independent Contractor

June 05, 2012

Plaintiffs were employees of Caro Regional Center who were attacked by a patient. After being found not guilty by reason of insanity at a criminal ...

IMPORTANT NO-FAULT UPDATE FOR MEDICAL SERVICE PROVIDERS AND MVA VICTIMS WHO ARE MINORS AND/OR SUSTAIN TRAUMATIC BRAIN INJURY

May 16, 2012

Yesterday, the Michigan Supreme Court did away with the long-held rule of protecting minors and the infirm in no-fault claims. This legal issue has literally been a political ping-pong match with the balance of the court changing so much ...

No Social Host Liability Where Guest Is Injured In Assault By Intoxicated Adult Guest

April 12, 2012

Plaintiff, age 19, attended an after-prom party at the home of defendant’s son, who was a junior in high school and a minor. The party was held in a pole barn on the defen...

Change of Life Insurance Beneficiary Not The Result of Undue Influence

April 05, 2012

The Decedent had a life insurance policy which named his mother as the beneficiary. Subsequently the decedent met and dated his girlfriend. They eventually moved in together and had a baby girl together in 2003. While his girlfriend was p...

Injured Party Has Waived Doctor-Patient Privilege Once He Asserts Medical Defense and Releases Preliminary Medical Records

March 14, 2012

Plaintiff was injured when he was struck by a vehicle driven by the defendant. In response to a complaint filed by the plaintiff, the defendant raised the defense of “sudd...

Real Estate Transfer Upheld Even Where Transferor-Heir to Real Estate Never Opened Probate Estate

March 07, 2012

In 1984 Lyall and June Aldrich signed a quit claim deed that transferred ownership in some land to their three children, Kim Aldrich, Randy Aldrich, and Kit Price as tenants in common...

Dave Camp Announces Hearing on the Treatment of Closely-Held Businesses in the Context of Tax Reform

March 06, 2012

Congressman Dave Camp (R-Mi), Chairman of the Committee on Ways and Means, has announced that the Committee will hold the second of two hearings on how accounting rules cause different types of businesses – specifically, publicly traded and clo...

A health system's actual procurement costs for surgical implants is subject to disclosure for payment consideration by auto no-fault insurers

March 02, 2012

Patients of Bronson Methodist Hospital, in Kalamazoo, Michigan, were involved in motor vehicle accidents and sustained traumatic, orthopedic injuries requiring surgical implants. Pursuant to the no-fault act (MCL 500.3107(1)(a)), Brons...

A minor investment to investigate the facts of an accident is the difference between no-fault coverage paying versus private pay or government reimbursement.

February 15, 2012

A man was walking was walking his dog on a road. A car and a snowmobile were approaching in opposite directions to the man and his dog. The car had its headlight on. The operator of the snowmobile testified that the car's headli...

Title Insurance Company Not Liable For Failure To Expeditiously Resolve Suit

February 07, 2012

A&A Property Management owned a gas station in the City of Detroit. It purchased the gas station by taking out a secured loan from Comerica Bank. It also maintained its fuel supply through a mortgage arrangement with Armada Oil and Gas.&nbs...

Saving Auto No-Fault Insurance In Michigan

February 03, 2012

Last evening, February 2, 2012, a town hall meeting was held in Traverse City, Michigan, about saving auto no-fault insurance in Michigan. The town hall meeting was sponsored by the Coalition Protecting Auto No-fault (CPAN) and was well attende...

No Liability If You Trip On Object Partially Hidden Around The Corner At Store

February 02, 2012

Plaintiff was shopping at a Big Lots store. She walked down an aisle and turned at the end, whereupon she tripped over a wooden pallet that was just around the corner. The pallet was about three-...

A Bar Is Not Liable For Giving You Your Car Keys When You Are Intoxicated Should You Become Injured Driving Home

January 27, 2012

The decedent and two friends went to a bar and were asked to leave after they became visibly intoxicated. They left without the decedent’s car keys. A bar employee f...

When more than one automobile insurance policy exists in the family household, make sure you submit your no-fault claim to each auto insurer

January 24, 2012

A young man lived with his parents. The young man was the titled owner of two motor vehicles. One vehicle was a truck that he used exclusively for his personal farming business. The truck was insured by Progressive under a com...

Automobile Stop And Search Is Legal Even If Initial Suspicion Of Violation Of Law Proves Wrong

January 24, 2012

A police officer noticed a Pontiac Grand Prix swerving inside its lane on I-75. It was never speeding and it never went outside of the lane markers, but it weaved almost continuously ...

In a PPO Contempt Proceeding, Focus is Only on Defendant's Behavior Even if Complainant Placed Himself In a Location Where a Confrontation Is Likely To Result

January 23, 2012

Defendant and her husband were found in contempt of court for violating a personal protection order (PPO) entered against them by Defendant’s sister-in-law (the “complainant”), who was married to Defendant’s brother. Def...

Operator of Hayride Was Not Grossly Negligent So As To Avoid Governmental Immunity

January 20, 2012

Plaintiff was at an annual family party at Camp Dearborn, a park run by the County of Oakland. After socialization, the group boarded a hayride. Defendant was the driver of the hayride. Defendant-driver drove through Camp Dearborn a...

Michigan's New DWI/Sobriety Court Law Give Repeat Offenders New Ability To Get Restricted Licenses

January 19, 2012

Ever since the changes to Michigan’s drunk driving law in 1999, repeat drunk driving offenders have faced obstacles in getting their licenses back after revocation. The driver had to go through annual review hearings to try to get their l...

Recovery Denied Under Open and Obvious Danger

January 19, 2012

Plaintiff was injured when she tripped over chipped tiles at the top of the flight of stairs at her rental apartment and fell down the stairs. The apartment building was owned by the Royal Oak Housing Commission. She filed suit not agains...