Posts by svertel@secrestwardle.com
More Than a Puddle Required: The Importance of Notice in Premises Liability
This decision emphasizes that in premises liability cases, the plaintiff bears the burden of providing evidence that a dangerous condition existed and that the owner or occupier had actual or constructive notice of the hazard. Simply showing that a dangerous condition existed is not enough to survive a motion for summary disposition. For defendants,…
Read MoreAmbulance Collision Case Dismissed: Defense Proves No Serious Impairment of Body Function
Michigan Court of Appeals Reinforces Serious Impairment Standard: A Picture is NOT Worth a Thousand Words
The Court of Appeals’ decision in Jones v Hammons prompts liability carriers to argue that plaintiffs must do more than present MRIs, CT scans, or diagnostic wordsmanship to meet the serious impairment threshold. From a defense perspective, the decision preserves McCormick and its progeny as vital, but Jones reinforces that plaintiffs cannot satisfy the statute…
Read MoreCase Closed: SW Wins Total Dismissal for Insurer in Fraud-Related Civil Rights Suit
Secrest Wardle MI PIP Monthly – March 2026 Update
Case Dismissed: Bus Fall Lawsuit Tossed After Plaintiff Admits Being Intoxicated
During Plaintiff’s deposition, key admissions were secured establishing that: (1) she was intoxicated at the time of her fall while descending the steps of Defendant’s bus; (2) she was able to see the steps prior to the fall; (3) she did not require any warning regarding the steps; (4) she had previously disembarked the bus without…
Read MoreCourt Dismisses Slip-and-Fall Suit: Restaurant Not Liable for Parking Lot “Black Ice”
Who Invited Them? An Invitation by the Land Possessor is a Prerequisite to Invitee Status
The Michigan Court of Appeals in Alexis v Cerroni, an unpublished opinion issued on February 11, 2026 (Docket No. 373117), clarified that in the context of premises liability law in Michigan, for a claimant to be considered an invitee, the claimant must show that they were invited on the defendant land possessor’s property by the defendant…
Read MoreTest 3-25-26
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Read MorePigs Get Fat but Hogs Get Slaughtered … or a Vague Denial is No Insurer’s Friend
To give Defendant some credit, here, this letter was sent in August 2022. There was no way for Defendant to know that Plaintiffs were going to renovate nearly their whole home and claim it as losses relating to the burst pipe. However, that makes it even more critical for denial of coverage letters to be…
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