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Michigan Jury Verdicts, Settlements and Court Decisions
 
Linda Slusher v. C. Carson and T. Terry, in their individual and official capacities, and Shiawassee County

This action arises from an incident that occurred on Plaintiff- Appellant Linda Slusher’s (“Slusher”) property on May 13, 2004. Slusher argues that Defendants- Appellees Michigan Deputies Cory Carson and Thomas Terry (collectively, along with Shiawassee County, “Defendants”) seized her in violation of her Fourth Amendment rights during the course of the officers’ visit to her property ... More...   $0 (09-07-2008 - MI)

Securities and Exchange Commission v. Ranko "Ron" Cucuz

The Securities and Exchange Commission sued Ranko "Ron" Cucuz, the former CEO of Hayes Lemmerz International, claiming intential misconduct relating to the company's year 2000 financial statements. The government further alleged that Cucuz had made misstatements to Hayes' auditors, falsified Hayes' books and records and aided and abetted the company in violating the securities laws.
Cucuz, 64,... More...
   $0 (08-22-2008 - MI)

Jorge Morales v. State Farm Mutual Automobile Insurance Company

Defendant appeals by right the judgment entered for plaintiff after jury trial awarding plaintiff no-fault benefits under MCL 500.3107. No-fault personal protection insurance (socalled PIP benefits) are payable for “accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle.” MCL 500.3105(1). The jury found that plaintiff sustaine... More...   $0 (07-24-2008 - MI)

State News v. Michigan State University

This case involves the applicability of the Freedom of Information Act (FOIA) privacy and law-enforcement-purposes exemptions to a police incident report. Following a notorious assault of several Michigan State University students in a dormitory room, plaintiff State News made a FOIA request that defendant Michigan State University disclose the report. Michigan State resisted this request, claimin... More...   $0 (07-16-2008 - MI)

Drema Wolford, Personal Representative of the Estate of Franklin Wolford, Deceased, v. Deborah L. Duncan, M.D., Deborah Wilson, P.A.C., and Fenton Medical Center

In this wrongful-death medical-malpractice action, plaintiff appeals as of right from a judgment of no cause of action in favor of defendants, following a jury trial. We affirm.

I

Plaintiff’s decedent sought treatment from defendant Fenton Medical Center on July 24, 2001. He presented symptoms of pain in the left side of his chest, left arm, and neck. Defendant Wilson, a licensed p... More...
   $0 (08-09-2008 - MI)

Genesee Foods Services, Inc. and Genesee Management, LLC. v. Meadowbrook, Inc., d/b/a Meadowbrook of Saginaw, Rich Smith and Steve Smith

Defendants appeal by leave granted the trial court’s order denying their MCR 2.116(C)(7) motion for summary disposition. We affirm. Genesee Foods Services, Inc., (“Genesee Foods”) is a wholesale food sales and distribution business incorporated by Robert Grabowski and Robert Jackier in April 1999. Its principal place of business was at G-4309 South Dort Highway in Burton, on property owned b... More...   $0 (07-17-2008 - MI)

Detroit International Bridge Company v. Commodities Expert Company and Walter Lubienski

Plaintiff appeals as of right from the trial court’s order granting summary disposition to defendants in this condemnation case. Plaintiff, which owns and operates the Ambassador Bridge connecting Detroit, Michigan, with Windsor, Ontario, had attempted to condemn defendants’ land in order to improve access on the Detroit side of the bridge.1 The trial court concluded that plaintiff did not ha... More...   $0 (07-22-2008 - MI)

University Rehabilitation Alliance, Inc. v. Farm Bureau General Insurance Company of Michigan

Defendant appeals by right from the order granting summary disposition to plaintiff and awarding plaintiff attorney fees in this no-fault insurance case. We affirm.

This case arose when Kimberly Sterling was either pushed from or jumped out of a moving motor vehicle, hitting the ground and receiving serious brain injuries. Defendant, Sterling’s no-fault insurer, originally refused to pay ... More...
   $0 (07-22-2008 - MI)

Pablo Gutierrez Romero v. Burt Moeke Hardwoods, Incorporated and Accident Fund Insurance Company of America

This matter is before us on remand from the Supreme Court for consideration as on leave granted. Defendants appeal a decision of the Worker’s Compensation Appellate Commission (WCAC) affirming the magistrate’s decision to award plaintiff benefits. We affirm. Otis Fahl, a representative of defendant Burt Moeke Hardwoods, Inc. (Hardwoods), recruited plaintiff Pablo Romero, a Mexican citizen, to ... More...   $0 (07-29-2008 - MI)

Zaremba Equipment, Inc. v. Harco National Insurance Company and Patrick Musall

Plaintiff Zaremba Equipment, Inc. commenced this insurance coverage lawsuit after a fire destroyed its premises. A jury awarded plaintiff $2,353,778, exclusive of costs, attorney fees, interest and case evaluation sanctions. We affirm in part, reverse in part, and remand for further proceedings.

I. Underlying Facts and Proceedings

On February 21, 2003, a fire consumed the primary bui... More...
   $2353778 (08-09-2008 - MI)

Anthony Mayes v. City of Oak Park, et al.

Appellant Anthony Mayes is an African- American male and former Public Safety Officer for the City of Oak Park, Michigan, whose employment was terminated by the City following an investigation in which it was discovered that Mayes had falsified his police logs and failed to follow the requisite procedures for logging in recovered property. Mayes brought suit against the City of Oak Park, and again... More...   $0 (08-08-2008 - MI)

Mario Sardo v. Department of Homeland Security, United States Citizenship and Immigration Services

This appeal contests the United States District Court for the Eastern District of Michigan’s denial of an attorney fee under the Equal Access to Justice Act (“Justice Act”), 28 U.S.C. § 2412(d), following the appellant, Mario Sardo’s, successful district court challenge to the government’s administrative rejection of his petition for naturalization. The district court so ruled because i... More...   $0 (07-16-2008 - MI)

American Automobile Insurance Co. & American Insurance Company v. Transportation Insurance Company

This case involves a battle between two insurance companies over what portion of a $3.75 million wrongful death settlement each of them should be required to pay. Plaintiffs, American Automobile Insurance Co. and American Insurance Co. (collectively referred to as “American”), argue that the district court erred in holding that Defendant, Transportation Insurance Co. (“Transportation”), wa... More...   $0 (07-16-2008 - MI)

Family and Estate of Brenda Miller v. Dr. Donato Cabrera

The Family and Estate of Brenda Miller sued Dr. Donato Cabrera on a medical negligence (medical malpractice) theory claiming that Dr. Cabrera acted below the standard of care in caring for and treating her with the result she died after a second abdominal surgery by him. ... More...   $1800000 (06-27-2008 - MI)

mark Hancock v. Westwood Heights School System

Mark Hancock sued the Westwood Heights School System claiming that he was discriminated against because of his gender under 42 U.S.C. 2000e. He further claimed that he was skipped over for promotions and demoted because of his gender. He further claimed that after the 2006 school board elections, most males in administrative positions were fired or forced out. He also claimed that he permissions... More...   $300000 (06-14-2008 - MI)

Frank J. Lawrence, Jr. v. Janet K. Welch, et al.

Plaintiff-Appellant Frank J. Lawrence, Jr. (Lawrence) appeals from the district courts judgment dismissing his claims filed pursuant to 42 U.S.C. 1983 against officials of the State Bar of Michigan in connection with their denial of his application for a license to practice law. For the following reasons, we AFFIRM.

I. BACKGROUND

Frank J. Lawrence, Jr. graduated from an accredi... More...   $0 (06-13-2008 - MI)

Shaun Leary v. Livingston County, et al.

Not long after word spread at the Livingston County Jail that detainee Shaun Leary had been charged with raping a nine-year-old girl, several prisoners beat him up. At stake in this 1983 action is, one, whether officer Scott Stone was deliberately indifferent to Learys safety needs and, two, whether officer Denis McGuckin used excessive force against Leary when he hit him on the back of his n... More...   $0 (06-13-2008 - MI)

Amos Beechy, et al. v. Central Michigan District Health Department, et al.

In this Free Exercise Clause and Religious Land Use and Institutionalized Persons Act case, Amish landowners challenge the Central Michigan District Health Department's ("CMDHD") requirement that they install larger septic tanks to replace existing, allegedly inadequate systems. They argue the new tanks would incur wasteful expenses and tempt them to install modern conveniences, such as bathro... More...   $0 (04-23-2008 - MI)

Donald G. Demo v. Red Roof Inns, Inc.

Donald and Melony Demo appeal the grant of summary judgment to Red Roof Inns in this Michigan slip-and-fall action. Because the Demos cannot establish an essential element of their negligence and derivative consortium claims - Red Roof Inns' responsibility for causing their injuries - we affirm.

I

Attending a funeral in Kalamazoo, Michigan, Donald Demo and his wife, Melony, stay... More...   $0 (04-23-2008 - MI)

Leah Mills v. Patricia Williams, et al.

Plaintiff-Appellant, Leah Mills, a former customer service representative at the Eastern Michigan University ("EMU") Academic Advising Center ("AAC"), appeals the district court's grant of summary judgment to Defendants-Appellees, Patricia Williams, Director of the AAC; Cheryl Aubuchon, a Supervisor at EMU's Livonia campus; Courtney McAnuff, EMU's Vice-President for Enrollment Services; and Su... More...   $0 (04-24-2008 - MI)

Great Lakes Exploration Group, LLC v. Unidentified Wrecked and Abandoned Sailing Vessel, etc.

Great Lakes Exploration Group, LLC (GLEG), a private underwater exploration and salvage company, brought an in rem admiralty action seeking an arrest warrant for an ancient sailing vessel (The Griffin) that sank in Lake Michigan in the 1600s. The state of Michigan intervened to claim title to the vessel pursuant to the Abandoned Shipwreck Act (ASA), 43 U.S.C. §§ 2101-2106. Under the ASA, when ... More...   $0 (04-25-2008 - MI)

Kelly Ann Kozlowski v. Kid Rock

Kelly Ann Kozlowski, age 29, sued singer Robert James Richie a/k/a "Kid Rock" on a civil assault and battery theory claiming that defendant "roughed her up" outside his Michigan recording studio. ... More...   $0 (04-19-2008 - MI)

Daniel John Wesche v. Mecosta County Road Commission

We granted leave to appeal in these two cases to determine whether the motor-vehicle exception to governmental immunity, MCL 691.1405, authorizes a claim for loss of consortium against a governmental agency. The motor-vehicle exception permits recovery of damages only for "bodily injury" and "property damage." A loss of consortium is not a physical injury to the body. Moreover, a claim for lo... More...   $0 (04-03-2008 - MI)

Ronald Jackson v. Detroit Medical Center, et al.

In this medical malpractice action, plaintiff Ronald Jackson, as personal representative of the estate of Beverly Ann Bell-Jackson, appeals as of right the trial court's order denying his renewed motion for leave to file a second amended complaint and dismissing the action with prejudice on statute of limitations grounds. Defendants Detroit Medical Center, Sinai Hospital of Greater Detroit (Si... More...   $0 (04-08-2008 - MI)

John W. King v. Donald N. Reed, Jr., M.D.

Plaintiff appeals as of right the trial court's order granting defendants' Donald N. Reed, Jr., M.D., and Donald N. Reed, Jr., M.D., PC's motion for directed verdict as well as the trial court's order granting defendants' motion in limine to preclude plaintiff from presenting evidence on theories of negligence that were not contained in plaintiff's affidavit of merit. For the reasons more full... More...   $0 (04-08-2008 - MI)

Douglas Latham v. Barton Malow Company

In this case, we analyze what comprises the element of "readily observable and avoidable dangers" in a lawsuit involving a "common work area" of a construction site. In Funk v Gen Motors Corp,1 this Court established the common-work-area doctrine, which by its elements is not a strict liability tort but is instead one that imposes liability only if the general contractor itself fails to preve... More...   $0 (04-14-2008 - MI)

David Kimmelman v. Heather Downs Management Limited and Legacy Golf Course, LLC

Plaintiff appeals as of right an order granting summary disposition pursuant to MCR 2.116(C)(8), failure to state a claim on which relief can be granted and denying his motion to amend the complaint. We affirm.

A grant or denial of summary disposition is reviewed de novo on the basis of the entire record to determine if the moving party is entitled to judgment as a matter of law. Maiden v... More...   $0 (04-15-2008 - MI)

Phyllis Scott v. State Farm Mutual Automobile Insurance Company

In this auto accident case, plaintiffs seek first-party personal protection insurance benefits for the cost of cholesterol medication for Kristen Krohn (Krohn). The Ingham county probate court denied defendant's motion for summary disposition. Defendant appeals, by leave granted, the circuit court's denial of defendant's application for leave to appeal the probate court ruling. We affirm.

... More...   $0 (04-16-2008 - MI)

The Big L Corporation v. Courtland Construction Company, et al.

In this action filed pursuant to the Construction Lien Act (CLA), MCL 570.1101 et seq., defendant Homeowner Construction Lien Recovery Fund appeals as of right the trial court's June 29, 2006 judgment in favor of plaintiff The Big L Corporation. We reverse and remand.

In 2001, Mark and Amanda McDowell contracted with Courtland Construction Company (Courtland) to build a house. Courtland, ... More...   $19000 (04-07-2008 - MI)

Daniel John Wesche v. Mecosta County Road Commission

We granted leave to appeal in these two cases to determine whether the motor-vehicle exception to governmental immunity, MCL 691.1405, authorizes a claim for loss of consortium against a governmental agency. The motor-vehicle exception permits recovery of damages only for "bodily injury" and "property damage." A loss of consortium is not a physical injury to the body. Moreover, a claim for lo... More...   $0 (04-07-2008 - MI)

Robert Eubanks v. Adam Baylis and The City of Grand Rapids

Robert Eubanks appeals the district court's grant of summary judgment in favor of Adam Baylis and the City of Grand Rapids (collectively "Defendants") on all claims. Eubanks brought claims under 42 U.S.C. §§ 1983 and 1985 and state law based on an alleged incident where Baylis, a Grand Rapids police officer, pointed his weapon at Eubanks's head after finding that Eubanks's car was blocking a d... More...   $0 (03-20-2008 - MI)

Family and Estate of Patrick Cavanaugh v. Doctors Francesca Dwamena, Gary Ferenchick and Daniel Havlichek

The Family and Estate of Patrick Cavanaugh sued doctors Francesca Dwamena, Gary Ferenchick and Daniel Havlichek on a medical negligence theory (medical malpractice) theory claiming that they acted below the standard of care when they failed to diagnose that Cavanaugh, age 39, had contracted a histoplasmosis fungal infection while digging ditches and laying pipes. Plaintiffs claimed that critical t... More...   $9000000 (03-22-2008 - MI)

Rose, et al. v. Saginaw County, et al.

Four plaintiffs sued Saginaw County on a civil rights violation theory, 42 U.S.C. 1983, claiming that their rights were violated by the Saginaw County deputies who stripped them naked and placed them in holding cells for long periods of time for not being cooperative when arrested. Saginaw County deputies had a policy of stripping prisoners they deemed uncooperative. Officials ended the practice i... More...   $145000 (03-19-2008 - MI)

Matrice Berry v. City of Pontiac

Martice Berry, an African-American male, appeals the district court's decision to grant summary judgment in favor of the City of Pontiac on Berry's claims that the City disciplined and terminated him from his position as a police officer based on his race. For the following reasons, we affirm.

I.

Martice Berry began working as a police officer for the City of Pontiac Police Departme... More...   $0 (03-17-2008 - MI)

Susan Tkachik v. Comerica, Inc., et al.

In 1995, after 20 years of marriage, Frank Mandeville left his wife Janet. When Janet was diagnosed with breast cancer in 2000, Frank didn't return, didn't call, didn't write. For at least the last 18 months of Janet's life, Janet had no contact with Frank. But they never divorced, Janet never sought a court declaration that he had abandoned her, and Janet never replaced Frank as the beneficia... More...   $0 (03-17-2008 - MI)

Mike Cramer d/b/a Allstar Books v. City of Detroit, et al.

Plaintiff Mike Cramer appeals from the order of the district court granting summary judgment to Defendants Ronald Vitale and Yorkshire Food Market on Cramer's claim that they conspired with the City of Detroit to violate his First Amendment rights.

We AFFIRM.

I. Background

Plaintiff Mike Cramer owns Allstar Books located on Mack Avenue in Detroit, Michigan. One side of the bookstore... More...   $0 (02-28-2008 - MI)

Wasim Iqbal, et al. v. Bristol West Insurance Croup, et al.

Defendant Bristol West Insurance Group (Bristol) appeals by delayed leave granted orders of the trial court granting summary disposition in favor of plaintiff and the remaining parties and against Bristol in this case arising out of a motor vehicle accident in which plaintiff, the driver of a car that was rear ended at a stoplight, was injured. Plaintiff received medical treatment for his inju... More...   $0 (02-14-2008 - MI)

Katie M. Klida v. Gregory S. Braman, et al.

Defendant, Farm Bureau General Insurance Company of Michigan (Farm Bureau), appeals as of right the denial of its motion for summary dismissal of plaintiff's underinsured motorist claim on the ground that the one-year contractual limitation period in the insurance policy barred plaintiff's action.1 We affirm.

Plaintiff sustained injuries in a motor vehicle accident involving her mother's ... More...   $0 (02-19-2008 - MI)

Ajay Shah, et al. v. City of Farmington Hills, et al.

In this garnishment action, Ford Motor Company (Ford) appeals as of right the trial court's May 31, 2006 order and judgment entered in favor of Oxford Estates Condominium Association (Association), which incorporated by reference the trial court's May 9, 2006 opinion and order. We reverse the trial court's May 9, 2006 opinion and order, vacate the May 31, 2006 order and judgment, and remand fo... More...   $0 (02-21-2008 - MI)

Keith Gayle Davis v. Forest Rivers, Inc. and Kitsmiller RV, Inc.

Defendant Forest River appeals as of right an order granting revocation of acceptance under the Magnuson-Moss Warranty Act (the MMWA), 50 USC § 2301 et seq., to plaintiff of a recreational vehicle (RV) manufactured by Forest River and sold by Kitsmiller RV1. We affirm, albeit with one clarification.

As we discuss infra, the remedy of "revocation of acceptance" is actually a Uniform Comme... More...   $0 (02-26-2008 - MI)


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