Experience. Commitment. Results.

Michigan Law

Legal News

Summary Disposition in Electrocution Case Reversed on Appeal

A handyman was electrocuted while power washing a client’s house. The utility company filed for summary disposition, which the Trial Court granted using a premises liability analysis. The Court of Appeals reversed, citing a 1993 case which held “… pursuant to its duty, a power company has an obligation to reasonably inspect and repair wires and other instrumentalities in order to discover and remedy hazards and defects.”

Read More
Personal Line Auto Insurer Owed Duty to Defend Delivery Driver

Defendant insurer denied a defense or indemnification to its insured when he struck and injured a motorcyclist while making a pizza delivery. The insurer argued that its insured’s actions at the time of the motor vehicle accident constituted operation of a “public and livery conveyance.” The auto insurance policy excluded coverage when the insured vehicle was being used as a “public conveyance.” The Trial Court sided with the insured and an appeal ensued.

Read More
Road Defect Exception to Governmental Immunity Requires Adequate Notice

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 More
Serious Impairment: Reversed and Remanded

The 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 More
Peter A. Angelas, Esq.