Michigan Law

Plaintiff went to a convenience store on New Year’s Eve when she slipped and fell on a piece of wet cardboard placed under a floor mat just inside the store. The trial court summarily dismissed the case, ruling that the cardboard was an open-and-obvious danger. The Michigan Court of Appeals reversed the decision, writing that while the cardboard may have been open and obvious, the risk posed by the cardboard was not.

In a “hit and run” accident, the driver would be unidentifiable and unknown according to a recent Michigan Court of Appeals ruling. The trial court was upheld, which denied plaintiff’s claim for uninsured motorist (UM) coverage.

Geico only paid a partial amount on a healthcare provider’s bill for prescribed attendant services in a PIP benefits case. The provider filed a lawsuit for the unpaid benefits and the circuit court dismissed the case. On appeal, Geico argued that the charges in question could not be billed for under MCL 500.3107(1)(a), which is the applicable statute. The court agreed.

A Michigan Trial Court held that plaintiff was entitled to PIP benefits after she fell into a service pit while her car was parked for service. The Michigan Court of Appeals reversed, ruling that the no-fault act was not designed to compensate for all injuries occurring in or around a motor vehicle.

The Michigan Supreme Court has ordered that it is within the discretion of the trial court to permit a plaintiff to video record her independent medical evaluation (IME).

The lack of a direct physical loss or damage to plaintiff’s property precluded business interruption coverage due to COVID. This decision is consistent with other similar claims seeking business interruption for Covid related business closures.

The Michigan Court of Appeals ruled in a recent MVA case that if the medical evidence is conflicting, summary disposition is inappropriate. The case was remanded for the trier of fact (jury) to determine whether Plaintiff’s post-MVA lifestyle met the serious impairment criteria.

Michigan is a no-fault state. For a plaintiff to sustain a bodily injury claim against an at-fault motorist, the plaintiff must show that he or she has suffered a serious impairment. In this case the Plaintiff was a legally incapacitated person before the MVA. On appeal, the Michigan Court of Appeals entered judgment favorable to the Defendants.