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Unveiling the Legal Framework of Slip and Fall Accidents: Key Findings from a Recent Court of Appeals Decision
When it comes to slip and fall accidents, determining liability can often be a complex legal matter. In a recent Court of Appeals decision, the dismissal of a plaintiff’s negligence claims against a glass company was upheld, while the dismissal of the Plaintiff’s premises liability claims against a renowned mall was overturned. Dicks v Forbes…
Read MoreSecrest Wardle MI PIP Monthly – May 2023 Update
Conflicting Domicile Factors Show a Question of Fact
To determine whether an individual was domiciled in the same household as an insured, courts weigh four factors, including 1) intent, 2)formality of relationship with members of the household; 3) whether the location is the same house, curtilage or premises, 4) and if the person had another place of lodging. [Workman v Detroit Auto Inter-Ins…
Read MoreSlip and Fall Alert: How an Average Person’s Perception Can Determine Liability
In the recent case of Armstrong v Nathan Bining, M.D., PLLC, the Michigan Court of Appeals held that the Plaintiff did not provide sufficient evidence to establish that the Defendants had prior knowledge of the icy condition on the sidewalk where she slipped and fell. The Court supported the trial court’s ruling that the presence…
Read MoreCorrect Me if I’m Wrong: Discovery Response Amendment Requirements of MCR 2.302(E)
In Robinson v Wolverine Mut Ins Co, the Court of Appeals reiterated that MCR 2.302(E) requires parties who discover an error in a written discovery response to correct the response at any time during litigation if such a response is incorrect or incomplete – even past the discovery cut-off date. In this case, the Court…
Read More“I Know My Rights” – Preliminary Injunction Affirmed for Payment of Pre-No-Fault Reform Attendant Care Benefits
Buller v Titan Ins Co, unpublished opinion per curiam of the Michigan Court of Appeals, issued February 21, 2023 (Docket No. 360439) found that the trial court properly granted a preliminary injunction to enforce the status quo payments of pre-amendment attendant care benefits where the injuries arose prior to the effective date of the no-fault…
Read MoreTo Trigger the Duty to Defend, the Insured Must Timely Ask For It
Maple Manor Rehab Ctr, LLC v Evanston Ins Co, unpublished opinion per curiam of the Court of Appeals, issued April 27, 2023 (Docket No. 359147) illustrates the importance of reporting requirements under liability insurance policies. In Maple Manor, unpub op at 2, the policy required the insured – as a “condition precedent to coverage” –…
Read MoreNo More Rushing: Michigan’s No-Fault Act Amendment Gives Claimants More Time
Prior to the amendment to the Michigan No-Fault Act, if a claimant submitted a claim and the one-year deadline was approaching, they would have to file a lawsuit to preserve their right to seek payment for that claim. However, the one-year-back rule is now tolled, or paused, from the date a claim is submitted until…
Read MoreHudgins v Faraj – Sucess Story
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Read MoreIce and Snow Remain Open and Obvious (For Now), Part II
In Hudgins v Faraj, unpublished opinion per curiam of the Court of Appeals, issued May 4, 2023 (Docket No. 361732), the panel found that a snow-covered residential driveway was open and obvious, and did not present any special aspects. The Plaintiff claimed that the condition was unavoidable because she was a postal carrier, and her…
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