The Michigan Court of Appeals recently held that there was a genuine factual dispute regarding whether special circumstances imposed a duty on defendants to exercise reasonable care to diminish the hazards of ice and snow accumulation on the driveway on which a plaintiff was injured. In November 2012, Gloria Freedland moved from an assisted living […]
In July 2010, plaintiff Samantha Johnson attended horseback riding camp sponsored by defendant and held on a ranch called Outback. Samantha was an inexperienced horseback rider and was injured on a trail ride. Plaintiff brought suit, alleging that defendant was liable for Samantha’s injury. Samantha testified that to the trail ride on which she was […]
The Michigan Court of Appeals held the trial court improperly denied summary disposition to a defendant when the plaintiff could not show that but for the psychiatrist’s actions, the decedent would not have committed suicide.Gerald Weatherly committed suicide in 2010 after suffering from a painful long-term illness. Before his death, he was treated with a number […]
Flint’s recent water crisis has resulted in a deluge of lawsuits that could cost hundreds of millions of dollars in damages for Michigan taxpayers.According to Wayne State University law professor and former prosecutor Peter Henning, the only “deep pocket” near Flint is the State of Michigan. The crisis could therefore become a tax liability for […]
Holding the sidewalk hazard at issue to be “open and obvious as a matter of law,” the Michigan Court of Appeals recently reversed a trial court’s order denying a defendant’s motion for summary disposition under Michigan Court Rule 2.116(C)(10). The incident arose when Nicole Eaton attended the Clinton Fall Festival, organized by the defendant (“Festival”). […]
On February 8, the Michigan Supreme Court upheld the trial court’s grant of summary disposition for the defendants in a medical malpractice case because the plaintiff’s expert was not shown to be sufficiently reliable.On August 18, 2008, Paulette Elher underwent surgery to remove her gallbladder. Prior to the surgery, performed by Dr. Dwijen Misra, Elher signed […]
Plaintiff Ralph Skidmore sued Consumer Energy Company (Consumer) under MCR 2.116(C)(10) for wrongful death after his wife was killed by a power line. The trial court granted summary disposition to the defendant, reasoning that Consumer did not owe Catherine a duty because it was unforeseeable that she would run across her neighbor’s dark yard to […]
On January 5, Flint, Michigan, declared a state of emergency regarding its contaminated water supply. Representatives from the Michigan National Guard and FEMA were sent to Flint this week to distribute clean water. The U.S. Department of Justice and the Environmental Protection Agency are investigating the matter.Last spring, Michigan Governor Rick Snyder decided to cut […]
The wife of Jack Brian Marden, who died in Midland County Jail in February 2015, recently sued Midland County and several specific officers for wrongful death. Sharyl Marden, representing the estate of her late husband, filed her complaint last Thursday in the United States District Court in Bay City. As defendants, she listed Midland County […]
Two recent published opinions by the Michigan Court of Appeals reaffirm the right of medical providers to bring their no-fault benefits claims to court, even when the patient settles or becomes non-cooperative.Covenant Medical Center, Inc. v. State Farm Mutual Automobile Insurance Company ensures that no-fault benefits claims aren’t resolved without medical providers’ approval by an injured […]