Posts

The New Era of Medical Provider No-fault Litigation

So if you have not heard, the auto no-fault insurance law has changed in Michigan for medical providers.  After nearly 40 years of permissible statutory action under the no-fault act, the Michigan Supreme Court abruptly changed the law for medical providers.  The case that changed the law is Covenant v State Farm (here).  Simply, the court held there […]

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 […]

Call A Cab: Don’t Drink & Drive

With summer tourism in full swing here in Northern Michigan, particularly with the upcoming Cherry Festival and 4th of July festivities in all our harbor towns and area inland lake communities, it is never too late or too redundant to advocate against drunk driving.  It affects us all.  The risks are immeasurable and sadly, in some instances, […]

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  The case is Lenhoff v Rechter, an unpublished per curiam opinion (Docket No. , dated May 12, 2016).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 […]

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 […]

Drunk Snowmobiling Can Be Fatal Winter has finally arrived with piles of fresh powder.  And for snowmobilers across the State of Michigan, the trails of northern Michigan are increasingly becoming more populated.  In Michigan, it is illegal to operate a snowmobile with a blood alcohol level equal or greater than .08.  The newly revised law took effect on December […]

Skiing/Snowboarding Helmets Increase Safety

Several ski resorts in Northern Michigan have already opened and several more have announced their season will begin this weekend.  With that in mind, it is time to re-check and make sure your and your child’s ski or snowboarding helmet fits properly and is not cracked or damaged, necessitating immediate replacement.  A helpful guide indicating when to replace […]

National Teen Driver Safety Week

This week, the National Highway Traffic Safety Administration reminds us all about our role as parents, guardians and mentors of our teenage drivers.  Tragically, according to the NHTSA, motor vehicle crashes are the leading causes of death for 14-18 year olds in the United States.  The NHTSA has published a helpful “5 to Drive” set of […]