After a jury trial, the court entered a $14,439.91 judgment for plaintiff Molly Pietila following a ski accident with Kent Wisotzke. Pietila appealed, claiming that the trial court erred when it denied her a new trial on the issue of non-economic damages. The Michigan Court of Appeals recently reversed and remanded.The evidence at trial showed […]
The Michigan Court of Appeals recently reversed a lower court’s grant of summary judgment to defendants, holding the lower court erroneously found the plaintiffs’ medical malpractice claim to be time-barred.In March 2007, plaintiff Richard Krueger visited his primary care doctor, Mr. Giovannucci, after experiencing abdominal pain and diarrhea. Krueger was referred to Dr. Meisner, a gastroenterologist. […]
Appellant Michael Davis fell and broke his leg while trying to avoid flowing water funneling down a sloped exit path from a haunted corn maze owned by defendant Jeffrey Lenhart. The circuit court summarily dismissed Davis’ premises liability claim, finding the condition open and obvious. In doing so, the circuit court rejected evidence that maze […]
The family of inmate Kenneth Dalstra–who died from drinking too much water due to mental health issues inside a Michigan prison–recently settled their lawsuit in federal court against the Michigan Department of Corrections (DOC). The family sued three prison guards in U.S. District Court in Grand Rapids for allowing their mentally unstable son to commit suicide […]
On February 28 of this year — just two weeks after beginning a job at an Ann Arbor recycling plant — 47-year-old maintenance technician Earl Roberts’ arm was crushed under a 500-pound gear box. Earl was seriously injured; the incident severed several tendons and muscles in his left forearm. Over the past five months, Earl […]
Last month, sailboat skipper Daniel O’Keefe reportedly sued another captain for allegedly injuring him in a major crash on Lake Michigan. The Ottawa County resident was injured during the Macatawa Bay Yacht Club’s S2 7.9 Class Championship Regatta in August 2014. Race records indicate that O’Keefe was operating a 26-foot boat called “Kaboom,” while the […]
The Michigan Court of Appeals recently upheld a prior decision concluding that the lower court improperly granted summary judgment to a defendant in a medical malpractice case, despite the Michigan Supreme Court’s reversal of a case on which the appeals court initially relied. The court reasoned that the reversed case presented a factually distinct situation from […]
According to a report published by the Senate Fiscal Agency, the state of Michigan paid roughly $41.8 million in verdicts and settlements in the last fiscal year. This amount is substantially less than what Michigan taxpayers paid last year, but more than the average amount over the past decade.Michigan doled out over $70 million for lawsuits […]
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 […]
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 […]