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 reversed a trial court’s denial of summary disposition for a defendant dog owner, reasoning the defendant did not breach a duty of care owed to the plaintiff Fed Ex employee.In August 2012, the defendant was reading in his back yard with his dog, who was leashed on a cable that […]
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 […]
The Michigan Court of Appeals recently affirmed the jury’s verdict that a defendant doctor was not professionally negligent in a medical malpractice action.Plaintiffs Irwin H. Estrine, D.O., and his wife, Seema Estrine, alleged that defendant Dr. Singer committed malpractice related to Irwin’s spinal surgery. Dr. Singer performed a tubular dilation microdiscectomy on Irwin in April […]
Shortly before attempting to hang herself at Women’s Huron Valley Correctional Facility, 25-year-old inmate Janika Edmond asked prison guards for a suicide prevention vest, a restrictive smock with Velcro used to prevent someone from being able to hurt themselves. State corrections officers Dianna Callahan and Kory Moore ignored her plea for help.Instead, the officers began […]
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 […]
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