Supreme Court Limits Andary, Determines Provider Claims Controlled by Law in Effect When Medical Service Rendered

By svertel@secrestwardle.com | April 16, 2025 | Comments Off on Supreme Court Limits Andary, Determines Provider Claims Controlled by Law in Effect When Medical Service Rendered

NFN re Spine Specialists v MemberSelect by David Kinzer 4-16-25Spine Specialists stands for the proposition that a provider’s claim for specific medical expenses accrues at the time the expense is incurred and is therefore governed by the law in effect at the that services were provided. The case corrects a common misunderstanding of Andary v…

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No Going Back: Court of Appeals Rules Against Use of Photographs Taken a year Later to Hold Premises Liability Defendant Liable

By svertel@secrestwardle.com | April 15, 2025 | Comments Off on No Going Back: Court of Appeals Rules Against Use of Photographs Taken a year Later to Hold Premises Liability Defendant Liable

As held in Lowrey v LMPS & LMPJ, Inc, 500 Mich 1, 7 (2016), mere speculation as to how a premises liability trip and fall incident occurred, without evidence of showing actual or constructive notice as to the premises owner of a dangerous condition, is not enough to prove liability against a defendant premises owner….

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Timeout! Referees Are Now Subject to the Same Standard of Care as Players in Recreational Sports

By svertel@secrestwardle.com | April 1, 2025 | Comments Off on Timeout! Referees Are Now Subject to the Same Standard of Care as Players in Recreational Sports

The reckless misconduct standard set forth in Ritchie-Gamester historically only applied to coparticipants in recreational activities. The newly published opinion of Lares now extends the Ritchie-Gamester reckless misconduct standard to the referees tasked with making real-time game decisions. In other words, a referee is now considered a coparticipant and will only be held liable when…

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