Michigan Injury Lawyer Blog

July 20, 2017

Michigan Woman Molested on Flight Sues Delta

A Detroit-area resident recently sued Delta Air Lines, arguing it negligently failed to protect her from being molested on her flight home from South Carolina in 2016. She filed the lawsuit in Wayne County Superior Court last month, asking for $10 million in damages.

airplane

A 41-year-old man from Myrtle Beach, South Carolina was sentenced in March after pleading guilty to misdemeanor simple assault and indecent exposure. He was ordered to pay $1,000 in fines, pay $400 in restitution, and spend seven days in jail. The plaintiff claimed the defendant, a long-haul trucker, came over to the seat next to her and slipped his hand up her shorts. She told reporters she was trapped in her window seat and was “frozen with terror.” According to the lawsuit, the defendant told the plaintiff he liked white women and asked where her “man” was. She repeatedly told him to stop. Delta has declined to comment on the lawsuit. The company offered her $2,500 in ticket vouchers.

July 13, 2017

Family of Veteran Beaten to Death at Michigan Home Finally Settles Lawsuit

by Neumann Law Group

Over five years after a man was beaten to death inside the Grand Rapids Home for Veterans, his family is finally getting closure. His survivors reached a financial settlement for $544,000 in their civil lawsuit against the state of Michigan. The state will also cover $281,000 in attorneys fees and court costs. Sadly, however, the victim’s wife, sister, brother, and daughter have all passed since the filing of the lawsuit. The settlement was approved by his other family members in Michigan.

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The victim, a World War II veteran who suffered from Alzheimer’s disease, was attacked in April 2012 by another patient. He passed away just days after the attack from injuries he sustained during it, and the Kent County medical examiner ruled it a homicide. The prosecutor, however, did not file criminal charges. The prosecutor reasoned that he did not wish to compound the tragedy by prosecuting the suspect, who was also in the advanced stages of Alzheimer’s and dementia. He concluded that prosecuting him in addition would accomplish nothing, particularly since he likely has no memory of the attack.

July 6, 2017

Michigan Appeals Court Holds Plaintiff Failed to Prove Defendant Had Notice of Dangerous Condition in Slip and Fall Case

by Neumann Law Group

A plaintiff appealed an Oakland Circuit Court order granting summary disposition in favor of the defendant in a premises liability action. Holding the plaintiff failed to establish that he was the defendant’s tenant or that the defendant had notice of the alleged dangerous condition, the Michigan Appeals Court affirmed.

ice

In February 2014, the plaintiff drove to the defendant’s clubhouse to pay rent. As he walked back toward his car, he slipped on a patch of ice, fell, and was seriously injured. The plaintiff sued the defendant property owner/manager for negligence and a violation of his statutory duties. The defendant moved for summary disposition, arguing that it had no actual or constructive knowledge of the ice. The defendant further asserted that neither of the statutory violations alleged by the plaintiff applied. The trial court agreed, granted the defendant’s motion, and dismissed the plaintiff’s complaint. The plaintiff appealed.

June 16, 2017

Michigan Appeals Court Holds Student Suicide Lawsuit Barred by Governmental Immunity

by Neumann Law Group

A plaintiff, suing on behalf of his deceased son’s estate, appealed an order granting summary disposition in favor of the defendant school officials in a case stemming from his son’s suicide. The appeals court affirmed the lower court’s holding for the defendants.

computer

In March 2012, the son was a 17-year-old senior at Marysville High School when he was suspected of stealing a teacher’s laptop. Instead of contacting the police and pursuing criminal charges, as advised by the school district’s attorney, the matter was handled as a school discipline issue.

June 9, 2017

Michigan Appeals Court Holds Defendant Teacher Not Protected by Governmental Immunity Following Woodshop Injury

by Neumann Law Group

A defendant appealed from the order of the trial court denying her motion for summary disposition under MCR 2.116(C)(7) (governmental immunity). The Michigan Court of Appeals affirmed the lower court’s judgment, holding that the plaintiff presented sufficient evidence to create a genuine issue of material fact on the elements of both gross negligence and proximate cause.

workshop

The plaintiff brought suit after she sustained severe injuries to her hand while operating a table saw during a woodshop class that the defendant taught at Lakeville High School. She alleged that her injuries were caused by the defendant’s actions in removing a blade guard from the table saw, encouraging students to operate the table saw without the blade guard, and on the day of her injury, specifically directing the plaintiff to make a cut on the table saw that she had never before attempted without any supervision and without the presence of the blade guard.

June 2, 2017

Michigan Appeals Court Upholds Grant of Summary Disposition to Defendants in Drug Overdose Lawsuit

by Neumann Law Group

On behalf of a victim’s estate, a plaintiff sued A Forever Recovery, Inc. (AFR) and a specialist for ordinary and medical negligence. She appealed the trial court’s opinion granting summary disposition to the defendants, pursuant to MCR 2.116(C)(8). The Michigan appeals court affirmed.

pills

This case arose out of the victim’s seeking treatment at AFR for drug addiction. A Texas resident, he was 23 years old when he died. He underwent inpatient rehabilitation treatment at AFR in Michigan for several months in 2011.

May 24, 2017

Michigan Appeals Court Reverses Grant of Summary Disposition to Defendant in Vehicle/Pedestrian Accident Case

by Neumann Law Group

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.

autumn highway

At around 9:15 p.m. on November 2, 2013, the plaintiff was walking home from the Applebee’s restaurant where he worked. He testified that he was walking northbound on Monroe Street, while the defendant was driving northbound on Monroe Street, talking on his cell phone with his girlfriend. The defendant’s vehicle struck the plaintiff near the intersection of Monroe Street and LaSalle Road, severely injuring him.

May 17, 2017

Michigan Appeals Court Holds Township Protected by Governmental Immunity in Public Park Injury Lawsuit

by Neumann Law Group

A public park patron filed suit after being struck by a rock thrown from a passing lawnmower. The Michigan appeals court reversed the circuit court’s denial of the defendants’ motion for summary disposition, concluding the patron made no allegation rising to the level necessary to prevent the defendants’ use of governmental immunity.

mower

On May 20, 2013, the plaintiff visited Williams Island beach with her family. They sat at a picnic table. Approximately 30 minutes later, a Yates Township maintenance crew arrived. A Yates Township employee was tasked with cutting the grass using a riding lawnmower. The plaintiff asserted that on his first pass, the employee drove the power mower within 10 feet of the picnic table, causing dust and debris to be thrown into the air. As a result, the plaintiff and her family decided to leave. The plaintiff alleged that before they could retreat, the employee drove by again within a few yards. A rock shot out from the mower and struck the plaintiff between the eyes on the forehead. She suffered a fracture to the left nasal bone as well as swelling and bruising around her eyes and nose.

May 10, 2017

Michigan Appeals Court Reverses Grant of Summary Disposition to Defendant in No Fault Act Lawsuit

by Neumann Law Group

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.

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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 “entered the wrong turnaround on Telegraph Road,” “failed to yield to oncoming traffic,” drove in front of the plaintiff’s vehicle, and caused a collision. The plaintiff, with his wife, filed a three-count complaint on May 9, 2014 against the driver and Progressive jointly and severally, alleging claims of negligence, underinsured motorist coverage, and loss of consortium resulting from the May 9, 2011 motor vehicle accident. Both defendants answered the complaint, and discovery ensued. Motions for summary disposition followed.

April 19, 2017

Michigan Court To Decide Who Should Be Held Liable When Robots Kill

by Neumann Law Group

The husband of a woman killed by robotic machinery at her factory job is suing for wrongful death. The federal lawsuit seeks $75,000 from the companies linked to the equipment. (Pursuant to the Federal Rules of Civil Procedure, federal courts can hear cases between citizens of different states only when the matter in controversy exceeds the sum or value of $75,000. (28 U.S.C. § 1332(a).)) The case raises the strange but increasingly relevant question of who should be held liable when robots injure or kill human staff.

robot

The victim was killed in July 2015 at Ventra Iona Main, an auto parts factory where she worked. Ventra Iona performs stamping of bumpers as well as welding, and it was recently fined by the state for workplace violations preceding the victim’s death. For 12 years, the victim made a good living and supported her husband as a journeyman maintenance mechanic for Ventra. She was succeeding in a male-dominated industry and carved out a specialty of fixing robots when things went wrong.