Pedestrian Traffic Fatalities Increase, Michigan Improving

The Governors Highway Safety Association recently released its 2018 study regarding pedestrian traffic fatalities by state (click to read – new window) In recent years, the number of pedestrian fatalities in the United States has grown sharply. During the ten year period from 2008 to 2017, the number of pedestrian fatalities increased by thirty five […]

Carbon Monoxide Exposure Inexcusable

The tragic news out of Niles, Michigan, this past weekend is both shocking and inexcusable.  The children were exposed to over 800 parts per million of carbon monoxide, which exceeds the permissible 35 parts per million industry standard.   Authorities investigating the incident have discovered that the hotel’s exhaust ventilating system was failing.  This is inexcusable.  Michigan […]

2016-2017 No-Fault Year in Review

[From time-to-time, Smith & Johnson, Attorneys, P.C.’s law partner, L. Page Graves, has been a featured speaker at the joint State Bar of Michigan’s and Institute of Continuing Legal Education’s Upper Michigan Legal Institute where he reviews and discusses the latest appellate cases in Michigan’s No-Fault Jurisprudence.  Below is a copy of the materials hand-out for […]

Slip and Fall cases and the “Open and Obvious” defense

Over the last few years Michigan courts have gone out of their way to throw plaintiffs out of court. Even “Black Ice” which by its very nature can’t be seen, was looked at as “Open and Obvious” which allowed a court to dismiss valid claims against business owners who failed to keep their premise safe […]

UBER & Michigan No-Fault Insurance Risks Before getting into an “Uber” car in Michigan, or for that matter becoming an Uber driver in Michigan, it would be prudent to thoroughly investigate the idea before proceeding with either plan.  There are several inherent insurance related risks associated with doing so when it comes to no-fault insurance coverage […]

Boat Owner’s Duty & Liability To Passenger While Boarding

The Michigan Court of Appeals has just reaffirmed a boat owner’s duty and resulting liability to his/her passengers while boarding.  The case is Lenhoff v Rechter, an unpublished per curiam opinion (Docket No. , dated May 12, 2016).  In Lenhoff, the plaintiff was injured when she fell while attempting to board the defendant’s boat.  The defendant had […]

Generic Notice of Injury Satisfies Statutory Notice for No-Fault PIP Benefits

The Michigan Court of Appeals issued a published decision affirming the basic rule that an injured claimant’s generic notice of injury constitutes sufficient notice to a liable no-fault insurer.  The case is Dillon v State Farm Mut Auto In Co, ___ Mich App ___ (May 3, 2016)(Docket No. 324902).  When Ms. Dillon was injured in a […]

No-fault PIP Benefit Claim Enforceable Without Written Notice of Claim Having Been Filed

 Jesperson v Auto Club Ins Ass’n, ___ Mich ___ (2016)(Docket No. 150332, dated March 21, 2016).  In Jesperson, the injured person never submitted to the liable no-fault insurer, written notice of his no-fault PIP claim.  Notwithstanding the foregoing, more than a year after the accident, ACIA began paying PIP benefits for Jesperson and then after […]

A Person Who Is Injured While Occupying An Uninsured Vehicle That Is Not Operable May Recover No-Fault PIP Benefits

The Michigan Court of Appeals recently published a case that holds that a person who is injured while occupying an uninsured vehicle that is not operable may recover no-fault PIP benefits.  The case is Shinn v State of Michigan Assigned Claims Facility, ___ Mich App ___ (Docket No. 324227, dated March 29, 2016).  In Shinn, the injured plaintiff was […]

Increasing The Speed Limit Raises Safety Questions for Michigan Motorists

The Michigan Legislature is, again, debating a proposal to raise the speed limits for state and county roadways.  The package of bills (HB 4423  thru 4427) have been passed by the House Transportation Committee (Chaired by Republican, Peter Pettalia, District 106) and will now be considered and debated by the full House.  A comprehensive legislative analysis of the bills and “the […]