Articles Posted in Negligence

The Michigan Supreme Court recently reversed a decision from the Michigan Court of Appeals, holding the appeals court misapplied proximate cause law in determining whether the defendant proximately caused the plaintiff’s injuries.

gavel In the fall of 2011, the then-13-year-old plaintiff was a member of the Chelsea High School cross-country team. Shortly after the season began, the coach held an early morning practice; it was the plaintiff’s first morning practice as a member of the team. The practice began at 5:59 a.m., when it was still dark outside. At the beginning of practice, the coach took the team off school grounds to run. During the run, the team approached an intersection with a two-lane highway. The “Do Not Walk” symbol was illuminated because the traffic light was green for the highway traffic. The coach and the group of runners with him stopped at the intersection. He saw a vehicle in the distance, but he determined that it was far enough away to safely cross. He instructed the runners to cross the intersection by stating, “Let’s go.” It was unclear whether all of the team members heard the instruction. Although most of the team safely crossed the road, a few runners in the back of the group were still in or near the roadway when the vehicle entered the intersection. The vehicle hit the plaintiff and one of his teammates as they were crossing the road. The plaintiff was severely injured, and he has no memory of the accident.

The plaintiffs, the victim and his parents, sued the coach and the driver. The coach moved for summary disposition under MCR 2.116(C)(7), asserting governmental immunity pursuant to the government tort liability act (GTLA). He also moved for summary disposition under MCR 2.116(C)(8) and (10). The trial court denied the defendant’s motion, stating that whether the defendant’s actions were grossly negligent and whether his actions were the proximate cause of the plaintiff’s injuries were questions of fact for the jury to decide.

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

water

The water crisis originated in 2014 after the city switched its water source from Lake Huron to the Flint River and failed to ensure that corrosion inhibitors were used to stop leaching into Flint’s pipes. The crisis has resulted in a large number of lawsuits that could cost taxpayers hundreds of millions of dollars in damages. According to experts, the only “deep pocket” near Flint is the State of Michigan. The crisis could therefore become a tax liability for Michigan citizens. According to a report published by the Senate Fiscal Agency, the state of Michigan paid roughly $41.8 million in verdicts and settlements in the last fiscal year.

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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 left. The defendant moved for summary disposition, arguing that the plaintiff did not sustain a serious impairment of a body function that affected his general ability to live his normal life and that their conduct did not amount to gross negligence. The trial court granted the motion. The appeals court reversed and remanded, finding the trial court’s conclusion that the defendant was not grossly negligent to be unconvincing.

car accident

Pursuant to MCL 691.1407(2), the defendant would be immune from tort liability unless his conduct “amount[ed] to gross negligence that [was] the proximate cause of the injury or damage.” He claimed that he believed the plaintiff was pulling off the road to the right, whereas the plaintiff claimed he had properly activated his left turn signal. Given the critical question of fact, the appeals court could not “conceive of how defendants ha[d] the chutzpah” to contend that the defendant’s conduct was anything but so blatantly reckless as to demonstrate a substantial lack of concern for whether an injury would result.

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