Claim For Unpaid Back Rent From Estate Must Be In Writing…

Plaintiff rented out a condominium to his mother and the decedent, his mother’s husband. The couple paid the mortgage payment directly to the mortgage holder.  After plaintiff’s mother died, the decedent continued to live in the residence and pay the mortgage.  After the decedent passed away, the plaintiff filed a claim for unpaid back rent. […]

Improper to Rely on Study Not Part of Evidence… In this divorce appeal, the trial court modified the parenting time schedule to give the defendant parenting time every other weekend including Sunday overnight, and Monday and Wednesday after school until 7:15 p.m.  The defendant claimed that the trial court erred in relying on a study […]

Promise to Reimburse Rent by Leaving Inheritance in Will…

Plaintiff rented out a condominium to his mother and the decedent, his mother’s husband. The couple paid the mortgage payment directly to the mortgage holder.  After plaintiff’s mother died, the decedent continued to live in the residence and pay the mortgage.  After the decedent passed away, the plaintiff filed a claim for unpaid back rent. […]

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

         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 trial on another matter, the patient was admitted to Caro  in December 2003.  While at Caro, the patient showed progress and was given a grounds pass which gave […]

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

       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 donate clothing.   She parked her bike on the uncleared and unsalted patio which was next to the main entrance walkway.  […]

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

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 since 1999.   Since 1973 — when the no-fault act was enacted — it had always been […]

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

            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 defendant-father’s property, which was located a short distance from the house.  Alcohol was served at the party.  The alcohol was brought […]

Change of Life Insurance Beneficiary Not The Result of Undue Influence

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 pregnant, they discussed decedent changing the beneficiary of the policy.  In 2005 decedent began having serious […]

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

            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 “sudden medical emergency.”   In his answers to a first set of requests for discovery, the defendant admitted that he had recently been prescribed Xanax, and […]

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

            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.   Randy Aldrich died without a Will in 1998.  No probate estate was opened at the probate court after his death.  In June […]