Over 1,700 Flint residents have filed suit against the Environmental Protection Agency (EPA). The class action lawsuit accuses Flint officials of negligently mismanaging the city’s water crisis. The lawsuit comes just as President Trump plans to eviscerate the budget of the EPA. The plaintiff class filed suit in U.S. District Court in Michigan.The water crisis […]
A plaintiff appealed a trial court’s order granting summary disposition to a defendant fruit market after the plaintiff tripped over a landscaping tool in the defendant’s store. The Michigan Court of Appeals affirmed the lower court’s judgment.The appeals court began by outlining Michigan’s premises liability law. In a premises liability action, a plaintiff must prove the elements […]
A man was injured when his truck was struck from behind by a police cruiser driven by the defendant, an employee of Charter Township of Genesee. The plaintiff had been attempting to make a left turn and apparently was using his turn signal when the defendant, who had been following him, attempted to pass him on […]
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 […]
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 […]
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