A plaintiff appealed the trial court’s order granting the defendant’s motion for summary disposition under MCR 2.116(C)(10). Holding that there was a genuine issue of material fact as to whether the plaintiff was more than 50 percent at fault for the accident, the Michigan appeals court reversed and remanded.At around 9:15 p.m. on November 2, 2013, […]
The Michigan Court of Appeals recently reversed the order of summary disposition granted to a defendant driver and Progressive Insurance in an action for third-party no-fault benefits following a car accident.On May 9, 2011, in the City of Bingham Farms, the plaintiff was driving southbound on Telegraph Road when he was struck by the defendant, whose vehicle […]
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 […]
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 […]
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 […]
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