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 […]
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 […]
