Michigan Law

Since 2001 Michigan has had a very strong “open and obvious” defense to premises liability claims. All that has now changed after the recent ruling by the Michigan Supreme Court in Kandil-Elsayed v F & E Oil, Inc.

When a commercial truck is involved in an accident, the professional driver becomes a key witness in the claim and any subsequent litigation. Michigan attorney Peter Angelas explains his approach to preparing the driver for a deposition in this video.

Personal injury lawsuits and the "Open and Obvious" defense in Michigan is the topic of a new video by attorney Peter Angelas, who reviews the history of the "open and obvious" defense in Michigan over the past two decades in this video.

In the recent Michigan Supreme Court decision in Kandil-Elsayed v F & E Oil, Inc. the Court reversed (abrogated) the open and obvious doctrine concluding that whether a defective condition was open and obvious would weigh against a claimant’s comparative negligence and not immediately bar the claim. This is a monumental change and will undoubtedly open the flood gates for new trip/slip and fall cases.

During a high school lacrosse game, Defendant took a shot which caused injury to the Plaintiff. Plaintiff filed a personal injury lawsuit claiming that the Defendant’s conduct was “reckless.” The Defendant lacrosse player filed a motion for summary disposition which was denied by the Trial Court. On appeal before the Michigan Court of Appeals, that ruling was reversed.

On July 7, 2023, Peter Angelas of Alexander & Angelas participated in oral arguments before the Michigan Court of Appeals in Lansing. The appellate panel consisted of three judges who had received extensive briefing from the four (4) litigants involved in the appeal. The underlying case involved a serious motor vehicle accident which occurred in the state of Ohio. Despite the MVA occurring in Ohio, Plaintiff sought Michigan no-fault (PIP) coverage.

Partner Peter Angelas explains the different types of ADR options available in Michigan courts and gives some background on each. He has participated in all aspects of the alternative dispute resolution (ADR) process over the past 35 years and currently sits as a case evaluator in both Wayne County Circuit Court and Oakland County Circuit Court. He's also served as a mediator and an arbitrator.

One of the key performance metrics for insurance companies and proficient insurance defense firms is the aging of claims. The failure of our trial courts to fully get back to work, has unfavorably impacted this metric. Litigated cases are aging longer. This increases the litigation costs for all those involved.