Michigan Law

The Michigan Court of Appeals concluded that summary disposition was appropriate for two drivers who struck and killed a pedestrian whose blood alcohol content was 0.296. The pedestrian was wearing dark clothing and failed to use the crosswalk.

A family paid for their father’s internment when he died in 2001. When one of the decedent’s children was unable to locate his gravesite in 2016, it was discovered that there was no record of their father’s burial despite a contract with the cemetery.

Plaintiff tripped and fell in front of a restaurant, hit his head, and died. A wrongful death action was brought, and the Trial Court denied the restaurant’s motion for summary disposition. The Appellate Court reversed the Trial Court’s holding and opined that a reasonable person would have discovered the danger.

The Michigan Court Rules governing mandatory case evaluation have changed significantly effective January 1, 2022. Prior to this date Michigan had a mandatory “case evaluation” hearing on almost all litigated actions. This was in lieu of any court ordered, contractually agreed upon or voluntary ADR conferences such as arbitration or facilitation (mediation).

The driver of a vehicle insured by Falls Lake National Insurance Company was attacked by an alighting passenger. The attacker sustained serious injuries when he struck a parked car. Plaintiff medical facility treated the attacker’s injuries.

Plaintiff filed a Complaint alleging negligence, premises liability and breach of implied warranty for bodily injuries sustained after falling from an allegedly defective chair while at Defendant’s casino.

SMART is a municipal bus service. SMART bus video confirmed that Plaintiff’s vehicle came to an abrupt stop and collided with the left side of a SMART bus after attempting to overtake the bus at a traffic signal. Contrary to the video footage, Plaintiff testified that the SMART bus came from behind her, ran the red light and side-swiped her vehicle.