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Michigan Appeals Court Agrees That Expert in Medical Malpractice Case Lacked Sufficient Experience, Upholds Dismissal of Complaint

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The Michigan Court of Appeals recently affirmed a lower court’s dismissal of a medical malpractice complaint with prejudice due to the expert’s lack of experience.The plaintiffs alleged that Dr. Kenneth Markiewicz, a board-certified specialist in otorhinolaryngology, was negligent while performing a procedure known as a canaloplasty on plaintiff Robert Walworth’s ear canal to remove bony growths. The […]

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Michigan Appeals Court Rejects Plaintiff’s Claim for Personal Injury Protection Benefits Due to Fraudulent Statements

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The Michigan Court of Appeals recently upheld a lower court’s grant of summary disposition to a defendant insurance company regarding a lawsuit for personal injury protection (PIP) benefits, due to the fraud exclusion in the defendant’s policy.Plaintiff Ronald Thomas was involved in a car accident in July 2013. At the time, he was the named […]

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Michigan Supreme Court Reverses Grant of Summary Disposition to Defendant City Following Plaintiff’s Fall on Public Highway

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The Michigan Supreme Court recently reversed a lower court’s grant of summary disposition for a defendant city following a plaintiff’s fall on a poorly maintained public highway.Plaintiff Barbara Kozak was allegedly injured while traversing a public highway in Lincoln Park when she tripped over an elevation differential between the two slabs of concrete in the […]

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Georgia Woman Files Suit Against Michigan Body Armor Company for Failing to Save Officer Husband

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The widow of a deceased Georgia police officer filed suit after her late husband’s bullet-proof vest failed to protect him while he was working as a security guard in Griffin, Georgia. The widow, Tammy Jordan, filed a federal lawsuit in the U.S. District Court for the Northern District of Georgia. She argued that the vest, […]

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Michigan Supreme Court Holds Accidental Shooting Victim’s Negligence Claim Fails As A Matter of Law

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The Michigan Supreme Court recently reinstated a lower court’s grant of summary judgment to a defendant shotgun owner following an accidental shooting because the plaintiff could not establish that any alleged breach constituted the proximate cause of the plaintiff’s injuries.The case arose from the accidental discharge of a shotgun on the early morning of July 21, […]

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Michigan Appeals Court Holds Imposter Twitter Account is Constitutionally Protected

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The Michigan intermediate court recently upheld a lower court’s decision against a plaintiff attorney and former law professor in a case involving a parody Twitter account.Todd Levitt is a lawyer and former professor at Central Michigan University. CMU students are his firm’s primary clientele. Levitt marketed his firm heavily on Twitter. The former account announced him as […]

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Michigan Appeals Court Finds State Employee Entitled to Immunity for Car Crash

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Plaintiffs Fred St. Onge and Karen Ross were hit by a State of Michigan vehicle driven by defendant Ramona G. Smith, an employee of the Department of Licensing and Regulatory Affairs (LARA). The lower court granted summary disposition to Smith, pursuant to the Governmental Tort Liability Act (GTLA), reasoning that Smith was entitled to governmental […]

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Michigan Appeals Court Finds Black Ice on Which Plaintiff Slipped Was “Open and Obvious”

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The Michigan Court of Appeals recently ruled that the black ice on which a plaintiff was injured was open and obvious, triggering no legal duty for the defendants to exercise reasonable care and rendering summary judgment appropriate. In February 2011, plaintiff Trawmisha Toney visited Eastland Mall in Harper Woods, which is owned and operated by […]

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Michigan Appeals Court Rules For Electric Company in Case Related to Injuries Resulting from Power Shutoff

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The Michigan Court of Appeals recently remanded a case with instructions for the lower court to order summary judgment in favor of the defendant electric company because the plaintiff could not provide sufficient proof of a causal link between the power shutoff and the injuries alleged.Robert Ruffins, who suffers from dementia, had his electricity shut […]

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Michigan Appellate Court Holds City Entitled to Governmental Immunity for Injury from Cracked Street

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In February 2012, Chris Penzak was crossing Parent Street in Royal Oak to her car after leaving an appointment. She tripped and fell when her toe hit a one-half inch rise in the road. Penzak suffered injuries to her pelvis, rib, and knees. She had been attending appointments in the same building twice a week […]

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