The Michigan Court of Appeals recently held that the lower court erroneously granted summary judgment to the defendants following the plaintiff’s fall at the defendants’ home, reasoning that the conflicting evidence regarding whether the dangerous condition was open and obvious should be sent to a jury.One evening in December 2013, the plaintiff attended a dinner […]
The Michigan Court of Appeals recently affirmed the jury’s verdict that a defendant doctor was not professionally negligent in a medical malpractice action.Plaintiffs Irwin H. Estrine, D.O., and his wife, Seema Estrine, alleged that defendant Dr. Singer committed malpractice related to Irwin’s spinal surgery. Dr. Singer performed a tubular dilation microdiscectomy on Irwin in April […]
Shortly before attempting to hang herself at Women’s Huron Valley Correctional Facility, 25-year-old inmate Janika Edmond asked prison guards for a suicide prevention vest, a restrictive smock with Velcro used to prevent someone from being able to hurt themselves. State corrections officers Dianna Callahan and Kory Moore ignored her plea for help.Instead, the officers began […]
Kristy Bastine, a Westland police officer, sued the city of Dearborn Heights, the city of Southfield, and Dearborn Heights Police Officer Tim Ciochon after being injured while participating in SWAT training in 2012. In a recent decision, the Michigan Court of Appeals upheld the lower court’s grant of summary disposition to the defendants, reasoning that […]
In April 2014, plaintiff David Alvarez plummeted from a rock climbing wall at LifeTime Fitness Center in Novi, Michigan. Alvarez had taken his family to the center. Neither his wife nor daughter had climbed before, and everyone signed a waiver releasing Lifetime from liability for negligence. Alvarez fell from the climbing wall because his harness […]
Plaintiff Robert Florian suffered a severe leg injury while working as a logger. A magistrate determined that he was entitled to workers’ compensation benefits because he suffered a disability in the course of his employment. Rather than considering whether the magistrate’s decision was supported by the evidence, the Michigan Compensation Appellate Commission (MCAC) employed de […]
The Michigan Court of Appeals for the First District recently reversed a trial court’s denial of a defendant city’s motion for summary judgment following a plaintiff’s fall on city pavement. The appeals court found the trial court’s decision ran contrary to binding precedent regarding the Governmental Tort Liability Act (GTLA).Plaintiff Kathrine Curtis tripped and fell, injuring […]
A Michigan appellate court recently upheld a trial court’s grant of summary judgment for the defendants in a high school sports injury case, reasoning the plaintiff did not provide sufficient evidence of gross negligence and proximate cause.The injury occurred at Avondale High School in February 2011. Plaintiff Ian Raber and a fellow high school student were […]
Grand Rapids citizen Steven J. Moerman filed suit against the Michigan Department of Corrections (MDOC), claiming he was raped by a social worker while he was incarcerated for drug charges. Moerman filed suit in September in Jackson County Circuit Court. Moerman alleged violations by MDOC, the social worker, and several state officials.The lawsuit claims the social […]
Michigan resident Lindsey Bresnahan is suing Jimmy John’s after allegedly suffering a serious allergic reaction to a sandwich containing Dijon mustard. Bresnahan filed suit in federal court in Grand Rapids last month.The complaint alleges that Bresnahan has been unable to speak above a whisper since the incident occurred. The offending sandwich was delivered to her […]