Posts

Volkswagen’s Alleged Deceptive Trade Practices

The Michigan Consumer Protection Act (MCPA), is a statutory cause of action for conduct constituting unfair, unconscionable, or deceptive trade practices. MCL 445.901, et seq.   Under the MCPA, a deceptive trade practice is defined to include “(c) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have […]

Roundabouts on M-72 (Traverse City, Michigan) With the growth and development progressing from Acme, east toward Kalkaska, the MDOT has elected to redesign M-72 to include roundabouts.  While MDOT proclaims roundabouts will decrease accidents and improve safety, a closer reading of its own exhaustive study reveals that the facts are not necessarily conclusive.  In fact, […]

The Posted Speed Is Not Necessarily The Safe & Prudent Speed

It is striking to both see first-hand and then also hear a witness defensively testify that he was “driving the posted speed limit”, albeit in poor weather conditions, poor light (e.g., nighttime driving) or even around a curve on a road.  The basic speed law is one that governs speed for the conditions present; the posted speed […]

Driving Too Fast for Conditions

The posted speed limit applies to perfect driving conditions (e.g., lighting, weather and traffic flow).  It is the maximum speed allowed in that perfect driving context.  When less than optimum conditions are present (e.g., reduced light/vision, wet roads or congested traffic), the basic speed law requires that you reduce your speed so that you can safely stop […]

Avoiding Dangerous Chainsaw Accidents

Since last week’s major storm up in Northern Michigan, tree clean-up is the task at hand for a great many of residents.  Obviously, caution is paramount when operating a chainsaw.  Kickback is the most common and seriously harmful consequence of either inexperienced or careless operation.   Understanding the correct way to operate a chainsaw and avoid kickbacks is […]

Jeep Recall & Driverless Vehicles

Needless to say, the recent news about the operation of motor vehicles being  (or capable of) hacked by outside sources is deeply disturbing.  Fiat-Chrysler just announced its recall of 1.4 Million vehicles after reported hacking disrupted the driving of at least one reported occurrence.  Jeep owners are strongly urged to take their vehicles to a […]

Golf Cart Agreements

So you and your pals have driven to northern Michigan to play a round of golf at one of its many, beautiful golf courses. You get to the starter shack at the first tee box and the person takes down your assigned golf cart number and then presents to you a “Golf Cart Agreement”. You […]

Summer Festivals & Vendor Tents It is that time of the summer season up here in northern Michigan where festivals are in full swing. With that come corporate sponsors and vendors setting up their promotional tents for the designed purpose to engage potential customers. Vendor tents can be rather large and constructed of heavy metal. […]

Fireworks

It is that joyous, patriotic celebratory time of the summer when we gather together and watch municipal firework shows. The calendar of fireworks shows is considerable when you consider they will take place in so many of our beautiful communities here in northern Michigan. But it is always helpful to remind ourselves of the inherent […]

Keeping Dogs on a Leash

Up here in northern Michigan, we are blessed with so many trails, walkways and places to walk, hike, bike or recreate. And to many, dogs are equally part of that cherished family activity. For everyone’s benefit and safety using the trail, sidewalk, walkway or venue, dogs are required to be leashed at all times. Keeping […]