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Personal Injury – Premises Liability
Premises Liability / February 24, 2011
Court/Case No: Livingston County Circuit Court/Case No. 10-25561-NI
Tried/Argued Before: Judge
Verdict: Summary Disposition Granted - $0
Name of Judge(s): Hon. David J. Reader
Keys to the Case:
Plaintiff was a member of Defendant’s private resort and was allegedly injured by a falling tree. When she joined Defendant’s resort, she signed a release and indemnification agreement. Preliminary discovery confirmed that Plaintiff’s signature appeared on the document. Defense counsel was able to persuade the Court, via a motion for summary disposition, that this document was unambiguous and must be applied as written, under basic principles of contract law, to bar Plaintiff’s claim. Defense counsel successfully rebutted Plaintiff’s arguments that the release was ambiguous and/or subject to some other interpretation. After extensive briefing, the Court agreed with Defendant’s interpretation of the document and dismissed the case.
Defense SW attorney(s) Involved in Case: