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Premises Liability / July 29, 2011
Court/Case No: 36th District Court/2010-129796 NO
Tried/Argued Before: Judge
Verdict: Motion for Summary Disposition granted
Name of Judge(s): Donna Robinson Milhouse
Keys to the Case:
Extensive legal research, lengthy courtroom argument, and the filing of several briefs ultimately secured the dismissal of this purported fraud claim, which arose out of defendants’ decision not to settle an underlying premises liability claim. Plaintiff allegedly slipped and fell in the parking lot of a business insured by Auto-Owners. Auto-Owners entertained pre-suit settlement negotiations, but the discussions broke down when plaintiff failed to provide defendants with basic information regarding the nature of her alleged injuries. After defendants moved for summary disposition, plaintiff vacillated between several fraud and tort-based theories, which greatly complicated the argument. However, defendants were eventually able to demonstrate to the judge that under clearly established Michigan law, no lawsuit could arise out of these circumstances.
Defense SW attorney(s) Involved in Case: