10:02 AM EDT
Jun 16, 2017
Jun 16, 2017
Governmental Immunity – Personal Injury – Vicarious Liability
admin
The Court of Appeals recently held that a public park patron, who was struck by a rock hurled from a passing lawnmower, could not bring a claim against the operator or the government agency due to governmental immunity.… Read More
5:34 PM EDT
May 31, 2017
May 31, 2017
No-Fault Benefits – Michigan Insurance Law – Car Accident Law—more than one “owner” of a vehicle
Jay Zelenock
Interstate travel and multiple car ownership can raise interesting issues of insurance eligibility and coverage. In a recent case, the court of appeals addressed whether a husband and wife who resided in Michigan for… Read More
5:26 PM EDT
May 31, 2017
May 31, 2017
No-Fault Benefits – Michigan Insurance Law – Car Accident Law
Jay Zelenock
Do hospitals, doctors and other health care providers have the right to bring a direct statutory cause of action under the No-Fault Act to recover No-Fault PIP insurance benefits for allowable expenses from a No-Fault… Read More
12:08 PM EDT
Apr 10, 2017
Apr 10, 2017
Probate – Appointment of Conservator – chronic drug or alcohol abuse
Jay Zelenock
Michigan law allows a probate court to appoint a guardian and/or conservator for a person who lacks legal capacity to make decisions for themselves due to health problems, injuries, illnesses, and also chronic alcohol or… Read More
11:50 AM EDT
Mar 20, 2017
Mar 20, 2017
Employment Law – Governmental Employment – Whistleblower Protection Act
Jay Zelenock
A Flint police officer filed suit alleging he was retaliated against by his government employer because he publicly criticized government officials for misusing tax millage revenues. The officer alleged in his lawsuit… Read More
12:00 PM EST
Feb 20, 2017
Feb 20, 2017
Automobile Crash Law – Governmental Immunity – Motor Vehicle Exception to Governmental Immunity
Jay Zelenock
Automobile accidents involving government-owned motor vehicles can raise issues of governmental immunity, as well as the application of Michigan’s No-Fault Insurance Act. The government, and governmental employees, are… Read More
1:30 PM EST
Feb 13, 2017
Feb 13, 2017
Homeowners' short-term rental practices deemed invalid
admin
In Christians v Twp of Clark, No. 327519, 2016 WL 6138667 (Mich Ct App October 20, 2016) the Michigan Court of Appeals upheld a zoning board decision denying homeowners a special use permit for resort activities on their… Read More
1:45 PM EST
Jan 27, 2017
Jan 27, 2017
Inclined floor not an "unreasonably hazardous walking surface" in recent and unpublished Court of Appeals case
admin
In Crite v Detroit Entmt, LLC, No. 329073, 2016 WL 7609137 (Mich Ct App December 29, 2016) a plaintiff alleging she fell because of an unreasonably hazardous walking surface . . . Read More
12:35 PM EST
Jan 13, 2017
Jan 13, 2017
Terminated employee wins on appeal in religious discrimination case
Jay Zelenock
In Martin v Langford, No. 328815, 2016 WL 7493716 (Mich Ct App December 22, 2016) the Michigan Court of Appeals reversed a trial court's grant of summary disposition where an employee practicing Islam . . . Read More
12:39 PM EST
Dec 15, 2016
Dec 15, 2016
Personal injury law—Recreational Activities – Gross Negligence – Pre-injury Release of Negligence Claims
Jay Zelenock
A man was injured in a fall from a rock climbing wall at Lifetime Fitness Center in Novi. The man paid for a membership at the fitness facility for himself and his family, and (as is fairly common) he had been required… Read More
7:11 PM EST
Nov 30, 2016
Nov 30, 2016
More room in the "highway exception" to governmental immunity for motorcyclist's estate
admin
In Denney v Kent Co Rd Com'n, No. 328135, 2016 WL 6780984 (Mich Ct App November 15, 2016) a motorcyclist sustained fatal injuries after hitting two potholes on a road . . . Read More
6:41 PM EST
Nov 30, 2016
Nov 30, 2016
Car Accident Law – Personal Injury – No-Fault Benefits
Jay Zelenock
Plaintiff Yasmine Diallo was injured in an auto accident while driving a vehicle insured by Defendant Nationwide Mutual Fire Insurance Company. Thereafter, Ms. Diallo sought personal protection insurance (PIP) benefits… Read More