Recovery Denied Under Open and Obvious Danger 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 against the owner, but against the company […]

Do Not Settle Your Auto Accident Damages Claim Against The At-Fault Driver Without First Getting Written Approval From You Underinsured Motorist Benefit Auto Insurer

A man was involved in a motor vehicle accident and suffered severe bodily injuries.  The man filed a claim for personal injury damages with the at-fault driver’s auto liability insurer.  A settlement was reached for the no-fault statutory minimum coverage of $20,000.00.  MCL 500.3009(1).  Because the injured man’s damages exceeded the policy limits of the […]

A Camping Trailer No Longer Qualifies for No-Fault Insurance Coverage Once It Is Parked At The Camp-Site And Is Being Used As Accommodations

A family towed their camping trailer and set it up at their designated camp site.   After the camper was set up, one of the family members entered it to retrieve her glasses for reading.  While exiting the camper, she slipped on the steps and suffered bodily injury requiring medical care.  She applied for no-fault benefits […]

The battle to save Northern Michigan jobs and to preserve Michigan’s Auto No-fault Insurance resumes in 2012

In the 1992 and 1994 Michigan statewide elections, many remember the no-fault insurance industry’s ballot initiatives (Proposals C and D) which sought to dramatically convert Michigan’s auto no-fault insurance system into managed care funded by tax payers.  These efforst were resoundingly defeated by the people of Michigan.  See the Official election results here. After 17 […]

Opening a tailgate to a motor vehicle trailer triggers no-fault insurance coverage

Facts & Ruling By Court: A man was hauling waste to a landfill using his attached trailer.  The tailgate would not open freely.  The man pushed on the tailgate and it sprung open, causing him to lose his balance.  He fell down into the landfill and suffered bodily injury requiring medical care.  The no-fault act […]

Driving too close behind another and stopping abruptly are factors that may lead to driver liability for personal injury suffered by another. And, when multiple motor vehicles are involved in a scenario which is a factor resulting in a motorcyclist’s injury, liability for no-fault coverage afforded to the motorcyclist may rest with more than one of the involved motor vehicles.

Facts & Ruling by Court: Three cars were traveling south on M-37 approaching a curve in the roadway.  Heading northbound was a motorcyclist.  The first of the three cars was looking for wood.  It is here where testimony of several witnesses differed on what actually occurred next: the driver of the first car says he […]

When your child leaves home to go off to school but does not sever ties with the family household, s/he is still domiciled in your home and covered by your auto insurance.

An 18 year old moved out of his family home and into a friend’s home to attend school in another town.  The son, however, kept his family home address on his driver’s license and provided his school and a part-time employer with it as opposed to the friend’s.  His checking account also kept his home […]

Auto no-fault insurance no longer applies to process of closing your car door Facts & Ruling by Court: An adult was placing personal items into her motor vehicle which was parked.  She had reached into the passenger side of the vehicle with its door open.  In one fluid motion, she stood back up to regain […]

Child’s personal injury claim against city garbage truck upheld.

Facts & Ruling by Court:   A minor riding a school bus suffered bodily injuries when the school bus swiped a temporarily stopped city garbage truck that pulled back into the travel lane while the school bus was passing.  The Michigan Court of Appeals held that even if the garbage truck was temporarily stopped, that […]

Good reading for healthcare providers

In 2010, Michigan’s Court of Appeals issued a published opinion on an important legal issue facing a number of our healthcare provider clients. The issue on appeal dealt with defining what are “usual and customary charges” for St. Joseph Regional Medical Center. At the trial court level, defendant was a non-profit corporation that owns and […]