Legal News
Plaintiff was driving on I-696 when a piece of freeway concrete hit his windshield, causing head injuries. Plaintiff sent a notice of claim to MDOT before suing the state agency. The Court of Claims ruled that Plaintiff’s notice was defective and granted summary disposition for the Defendant. On appeal, the Michigan Supreme Court reversed and remanded the case.
Read MoreThe Appellate Court deemed that there was a genuine issue of material fact regarding whether the motor vehicle accident aggravated Plaintiff’s pre-existing conditions of Klippel-Feil syndrome and Sprengel’s deformity. The main issues were whether Plaintiff met the objectively manifested requirement for a threshold injury and whether Plaintiff had a changed ability to lead a normal life.
Read MoreGovernor Gretchen Whitmer recently announced that the state’s 2019 insurance reform legislation, which first took effect on July 1, 2020, is delivering savings for auto insurance policyholders.
Read MorePlaintiff 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.
Read MoreIn 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.
Read MoreGeico 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.
Read MoreA 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.
Read MoreThe 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).
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