For 25 years, Mark F. Masters has successfully represented corporate and private clients in a wide range of commercial and business law matters. Specializing in litigation, Mr. Masters has defended his clients’ interests at trial in courts throughout Michigan. In addition to his experience in the courtroom, he is avidly committed to staying on top of the latest rulings and legislation in his areas of expertise and actively shares this information with his clients and colleagues. He frequently conducts seminars on the topics of Premises Liability, Motor Vehicle Litigation, and Product Liability to arm his clients with risk management tools. Mr. Masters also authors articles for several of the Firm’s publications which provide timely legal insights in a variety of practice areas.

Notable examples of Mr. Masters’ extensive commercial and business law defense work include the following:

• Mr. Masters obtained early summary dismissal of Defendant and an order of sanctions against Plaintiffs and their lawyer for bringing a frivolous lawsuit. Several weeks before Christmas, Plaintiffs entered Defendant’s furniture store and told employees they were there to pick up toys the store had collected for the Marine’s Toys-for-Tots program. While the toys were being loaded into Plaintiffs’ truck, one of the Defendant’s employees was suspicious of Plaintiffs since they were not the same retired Marines who always came to the store to pick up the toys in the past. After Toys-for-Tots verified that they had not sent anyone to the store, the Defendant’s employees called the police. After interviewing the employees and watching the surveillance videos, the police arrested Plaintiffs at their home and recovered over $900 in stolen toys. For unknown reasons, the prosecutor dismissed the charges against Plaintiffs. Plaintiffs then sued Defendant for false arrest, false imprisonment, negligent infliction of emotional distress, malicious prosecution, racial discrimination, battery, and other charges. Mr. Masters, the furniture store, and the judge (like everyone except for Plaintiffs and their attorneys) were outraged.

• A $4.3 million dollar judgment was obtained on behalf of a landlord against a tenant for breach of contract. The tenant had stopped renting four years into a ten-year deal and simply moved out of the building one weekend. The judgment was also entered against the owner of the tenant company who had personally guaranteed the lease.

• Mr. Masters represented Defendant in a lawsuit involving a famous local restaurant. Plaintiff sued Defendant on several theories regarding claims of misappropriated property. Defendant then sued for defamation and tortious interference with a contract. Defendant voluntarily dismissed his defamation claims after discovery disputes arose. Oakland County Circuit Court denied Mr. Masters’ Motion to Dismiss Defendant’s remaining tortious interference claim by finding a “question of fact.” Mr. Masters obtained leave to pursue an interlocutory appeal from the Michigan Court of Appeals, which reversed the trial court’s order and dismissed the case against his client in a nine-sentence opinion.

• An $8.5 million dollar judgment was obtained on behalf of Plaintiff’s estate against Defendant and Defendant’s principle shareholder based on fraud, embezzlement, and other theories.

Mark Masters joined Secrest Wardle in 1994 and is located in the Firm’s Troy office. He became a Partner in 2003, an Executive Partner in 2004, and a Senior Partner in 2013. He is a member of the Firm’s Commercial and Business Law, Construction, Malpractice/Professional Liability, Motor Vehicle Litigation, and Product Liability Practice Groups and serves as Chair of the Firm’s Premises Liability Practice Group. Mr. Masters has earned an AV Preeminent Peer Review Rating by Martindale-Hubbell and was named to dbusiness Magazine’s list of Top Lawyers in 2010 and 2017. He has also been named to Super Lawyers Magazine’s list of Michigan Super Lawyers from 2013 through the present in the area of Civil Litigation – Defense. He was also listed in Super Lawyers Magazine’s Business Edition in 2014 and 2015 in the area of Civil Litigation – Defense.

Mr. Masters earned his Juris Doctor from Wayne State University Law School and received two Bachelor of Arts degrees from Wayne State University in Political Science and English. He is admitted to practice law in the State of Michigan and the United States District Court for the Eastern and Western Districts of Michigan. He is a member of the State Bar of Michigan’s Insurance and Indemnity Law, Litigation, and Negligence Law Sections. Mr. Masters is an active member of the Risk and Insurance Management Society (RIMS) and the International Association of Amusement Parks and Attractions (IAAPA). He also previously served on the Governmental Affairs Committee of the Building Owners and Managers Association of Metropolitan Detroit.

Mark F. Masters’ extensive experience in the area of construction litigation includes claims involving personal injury, construction defect, and insurance coverage for same for 25 years. Specializing in litigation, Mr. Masters has defended his clients’ interests at trial in courts throughout Michigan. In addition to his experience in the courtroom, he is avidly committed to staying on top of the latest rulings and legislation in his areas of expertise and actively shares this information with his clients and colleagues. He frequently conducts seminars on the topics of Premises Liability, Motor Vehicle Litigation, and Product Liability to arm his clients with risk management tools. Mr. Masters also authors articles for several of the Firm’s publications which provide timely legal insights in a variety of practice areas.

Some of Mr. Masters’ construction successes include the following:

• Mr. Masters represented an insurance company in a suit brought by two homeowners against the insurance company and its insured contractor. The case involved alleged negligent excavating by the contractor which resulted in the partial collapse of Plaintiff’s home. The trial court dismissed the case against the insurance company based on an earth movement exclusion in the policy. Mr. Masters successfully negotiated a waiver of appeal as well as a release of the claims against the insured in exchange for not seeking frivolous lawsuit sanctions against Plaintiffs.

• Summary disposition was won in the trial court and the victory was affirmed by the Court of Appeals. Plaintiff was a subcontractor who claimed severe injuries from a fall in a confined workspace. Plaintiff claimed various MIOSHA violations, but lost due to a failure to prove that (1) the general contractor failed to take reasonable steps within its supervisory and coordinating authority (2) to guard against readily observable and avoidable dangers (3) that created a high degree of risk to a significant number of workmen and (4) in a common work area.

• Mr. Masters represented a sub-contractor in a case where Plaintiff was allegedly injured on a waterslide constructed by the sub-contractor at a water park. Plaintiff sued the water park, the general contractor, the sub-contractor, the architect, and the manufacturer of the slide. Normally, a sub-contractor would not be entitled to the open and obvious defense since the sub-contractor would not have “possession and control” over the premises at the time of the accident. However, Mr. Masters raised the novel argument that this case fell within the broad language of Michigan’s Product Liability Act. Therefore, the case was a product liability case under the Act, and the sub-contractor was entitled to the open and obvious defense as one who “constructed” a product under the Act. The trial court agreed and dismissed Plaintiff’s case against the sub-contractor at an early stage.

• A no cause of action was obtained on behalf of the Defendant in what is believed to be the first mold trial in St. Clair County. The Defendant general contractor was sued by two homeowners claiming that the wastewater pipes from the addition on their home were not tied-in to the existing sewage lines. Plaintiffs claimed that raw sewage and wastewater from the unconnected pipes accumulated in the crawlspace under their home for a year and made their home uninhabitable. Plaintiffs’ Consumer Protection Act claim was dismissed on Mr. Masters’ motion prior to trial and the trial court awarded Mr. Masters’ client over $60,000 in sanctions against Plaintiffs.

• Mr. Masters represented a mold inspection company in an action brought by a homeowner claiming personal injuries and property damage due to mold contamination in her home. Defendant was hired by the contractor/management company of Plaintiff’s condominium complex to do mold inspections on various units, but not any remediation work. Defendant performed the inspections and reported the findings to the company that hired them. Mr. Masters obtained summary dismissal on behalf of Defendant based on a lack of a duty owed to Plaintiff, and a lack of any third-party beneficiary status of Plaintiff under the contract.

Mark Masters joined Secrest Wardle in 1994 and is located in the Firm’s Troy office. He became a Partner in 2003, an Executive Partner in 2004, and a Senior Partner in 2013. He is a member of the Firm’s Commercial and Business Law, Construction, Malpractice/Professional Liability, Motor Vehicle Litigation, and Product Liability Practice Groups and serves as Chair of the Firm’s Premises Liability Practice Group. Mr. Masters has earned an AV Preeminent Peer Review Rating by Martindale-Hubbell and was named to dbusiness Magazine’s list of Top Lawyers in 2010 and 2017. He has also been named to Super Lawyers Magazine’s list of Michigan Super Lawyers from 2013 through the present in the area of Civil Litigation – Defense. He was also listed in Super Lawyers Magazine’s Business Edition in 2014 and 2015 in the area of Civil Litigation – Defense.

Mr. Masters earned his Juris Doctor from Wayne State University Law School and received two Bachelor of Arts degrees from Wayne State University in Political Science and English. He is admitted to practice law in the State of Michigan and the United States District Court for the Eastern and Western Districts of Michigan. He is a member of the State Bar of Michigan’s Insurance and Indemnity Law, Litigation, and Negligence Law Sections. Mr. Masters is an active member of the Risk and Insurance Management Society (RIMS) and the International Association of Amusement Parks and Attractions (IAAPA). He also previously served on the Governmental Affairs Committee of the Building Owners and Managers Association of Metropolitan Detroit.

Mark F. Masters’ extensive experience in the area of professional liability litigation includes handling claims involving legal malpractice for 25 years. Specializing in litigation, Mr. Masters has defended his clients’ interests at trial in courts throughout Michigan. In addition to his experience in the courtroom, he is avidly committed to staying on top of the latest rulings and legislation in his areas of expertise and actively shares this information with his clients and colleagues. He frequently conducts seminars on the topics of Premises Liability, Motor Vehicle Litigation, and Product Liability to arm his clients with risk management tools. Mr. Masters also authors articles for several of the Firm’s publications which provide timely legal insights in a variety of practice areas.

Examples of Mr. Masters’ medical malpractice/professional liability litigation successes include the following:

• Mr. Masters represented Defendant lawyer in a bogus malpractice case. Plaintiff hired Defendant to represent him in an automobile accident lawsuit. While treating for injuries related to that accident, Plaintiff claimed he suffered additional injuries due to medical malpractice. He settled the automobile lawsuit, signed a release, and then hired a new lawyer to represent him in the medical malpractice case. The Defendant doctors in the medical malpractice case filed two dispositive motions. One was based on Plaintiff’s failure to file proper affidavits of merit, and the second was based on the release he signed in the automobile accident litigation. Plaintiff’s new lawyer in the medical malpractice case failed to respond to the motion to dismiss based on the release signed in the automobile case, and tacitly stipulated to the same, thereby avoiding a decision on the defective affidavit of merit issue. The new lawyer then filed suit on behalf of Plaintiff for legal malpractice against Defendant. Mr. Masters successfully argued to the same trial court in all three cases that the release in the automobile case did not release the medical malpractice case, and the medical malpractice case was dismissed because the new lawyer did not contest the motion. The Court of Appeals agreed and upheld the dismissal.

Mark Masters joined Secrest Wardle in 1994 and is located in the Firm’s Troy office. He became a Partner in 2003, an Executive Partner in 2004, and a Senior Partner in 2013. He is a member of the Firm’s Commercial and Business Law, Construction, Malpractice/Professional Liability, Motor Vehicle Litigation, and Product Liability Practice Groups and serves as Chair of the Firm’s Premises Liability Practice Group. Mr. Masters has earned an AV Preeminent Peer Review Rating by Martindale-Hubbell and was named to dbusiness Magazine’s list of Top Lawyers in 2010 and 2017. He has also been named to Super Lawyers Magazine’s list of Michigan Super Lawyers from 2013 through the present in the area of Civil Litigation – Defense. He was also listed in Super Lawyers Magazine’s Business Edition in 2014 and 2015 in the area of Civil Litigation – Defense.

Mr. Masters earned his Juris Doctor from Wayne State University Law School and received two Bachelor of Arts degrees from Wayne State University in Political Science and English. He is admitted to practice law in the State of Michigan and the United States District Court for the Eastern and Western Districts of Michigan. He is a member of the State Bar of Michigan’s Insurance and Indemnity Law, Litigation, and Negligence Law Sections. Mr. Masters is an active member of the Risk and Insurance Management Society (RIMS) and the International Association of Amusement Parks and Attractions (IAAPA). He also previously served on the Governmental Affairs Committee of the Building Owners and Managers Association of Metropolitan Detroit.

Mark F. Masters possesses 25 years of experience representing insurers, corporations, and individuals in no-fault first and third-party automobile negligence claims including bodily injury, uninsured, and underinsured motorist cases. Specializing in litigation, Mr. Masters has defended his clients’ interests at trial in courts throughout Michigan. In addition to his experience in the courtroom, he is avidly committed to staying on top of the latest rulings and legislation in his areas of expertise and actively shares this information with his clients and colleagues. He frequently conducts seminars on the topics of Premises Liability, Motor Vehicle Litigation, and Product Liability to arm his clients with risk management tools. Mr. Masters also authors articles for several of the Firm’s publications which provide timely legal insights in a variety of practice areas. Additionally, he acts as a host of Secrest Wardle’s podcast MI PIP Monthly, a series that provides an overview of recent case law and emerging trends in the Michigan no-fault industry.

Notable examples of Mr. Masters’ extensive motor vehicle litigation defense work include the following:

• Mr. Masters won at trial for Defendant truck driver and the trucking company in a semi-truck versus car accident lawsuit. Plaintiff claimed three spinal fusion surgeries and one hip fusion surgery as a result of the accident. In addition to his claims of pain and suffering, Plaintiff claimed over $1 million in future wage loss, and asked the jury for an award of $3.5 million. The defense focused on Plaintiff’s pre-accident medical history, attorney referrals to doctors who performed the surgeries, and Plaintiff’s credibility.

• Mr. Masters represented the insurance company in this landmark decision resulting in “The Bazzi Balancing Test.” The test is to determine if the insurance company which has been defrauded by its insured is nevertheless required to pay benefits to a third-party who is alleged to have been ignorant/innocent of the fraud by the insured.

• In an insurance priority dispute over no-fault benefits, Mr. Masters represented an insurance company. The injured pedestrian in this case had incurred over $200,000 in medical bills and benefits owed. Defendant and its insured insisted that their vehicle was not “involved in” the accident, thus denying no-fault benefits. Mr. Masters developed evidence to support a Motion for Summary Judgment in this regard, and the case was settled for a 50/50 split by the insurers while the motion was pending. The insurance company was reimbursed over $100,000 by Defendant in a case where it was previously advised by another firm that it did not have a chance and it should not pursue the case.

• In a catastrophic PIP loss case, Plaintiff was rendered a quadriplegic in an automobile accident which occurred in Providence, Rhode Island. Plaintiff claimed he was a passenger in the car owned by his friend (who fled the scene and was never fully identified) and that he lived with his parents in Detroit. Therefore, he claimed Michigan no-fault benefits under his parents’ policy as a resident relative. Mr. Masters removed the case to Federal Court under diversity jurisdiction and obtained summary judgment on behalf of his client after one month of discovery. Pertinent facts which established Plaintiff’ s residency in Rhode Island included: (1) Plaintiff had transferred his son from the Detroit Public Schools to a public school in Providence – which required him to assert his residency there; (2) he couldn’t remember his parents’ address or nearby landmarks where he supposedly lived in Detroit; and (3) his mother testified that he was a crack cocaine dealer and police records showed a criminal drug history in Rhode Island.

Mark Masters joined Secrest Wardle in 1994 and is located in the Firm’s Troy office. He became a Partner in 2003, an Executive Partner in 2004, and a Senior Partner in 2013. He is a member of the Firm’s Commercial and Business Law, Construction, Malpractice/Professional Liability, Motor Vehicle Litigation, and Product Liability Practice Groups and serves as Chair of the Firm’s Premises Liability Practice Group. Mr. Masters has earned an AV Preeminent Peer Review Rating by Martindale-Hubbell and was named to dbusiness Magazine’s list of Top Lawyers in 2010 and 2017. He has also been named to Super Lawyers Magazine’s list of Michigan Super Lawyers from 2013 through the present in the area of Civil Litigation – Defense. He was also listed in Super Lawyers Magazine’s Business Edition in 2014 and 2015 in the area of Civil Litigation – Defense.

Mr. Masters earned his Juris Doctor from Wayne State University Law School and received two Bachelor of Arts degrees from Wayne State University in Political Science and English. He is admitted to practice law in the State of Michigan and the United States District Court for the Eastern and Western Districts of Michigan. He is a member of the State Bar of Michigan’s Insurance and Indemnity Law, Litigation, and Negligence Law Sections. Mr. Masters is an active member of the Risk and Insurance Management Society (RIMS) and the International Association of Amusement Parks and Attractions (IAAPA). He also previously served on the Governmental Affairs Committee of the Building Owners and Managers Association of Metropolitan Detroit.

With 25 years of experience, Mark F. Masters has represented insurers, commercial, and private clients in various premises liability matters ranging from slips and falls to claims of lax security resulting in murder. Specializing in litigation, Mr. Masters has defended his clients’ interests at trial in courts throughout Michigan. In addition to his experience in the courtroom, he is avidly committed to staying on top of the latest rulings and legislation in his areas of expertise and actively shares this information with his clients and colleagues. He frequently conducts seminars on the topics of Premises Liability, Motor Vehicle Litigation, and Product Liability to arm his clients with risk management tools. Mr. Masters also authors articles for several of the Firm’s publications which provide timely legal insights in a variety of practice areas.

Mr. Masters’ most notable premises liability successes include the following:

• Summary disposition was granted in favor of a beloved and famous Ann Arbor food empire. Plaintiff was a baker with one of Defendant’s corporate entities, and allegedly slipped and fell on the job, but on the premises of one of the Defendant’s separate corporate entities. Mr. Masters successfully argued that Plaintiff’s claim was barred by the exclusive remedy provision of the Workers’ Compensation Act because the separate corporate structures were already treated as a single entity by the IRS, FDA and State of Michigan.

• A no cause of action was obtained in a case where Plaintiff allegedly slipped and fell in the shower of his hotel room, sustaining severe injuries. Plaintiff claimed that the hotel lacked appropriate handrails and the like to help stop his fall. Plaintiff asked the jury for $1 million in damages, but they returned a verdict of “no negligence” after an hour of deliberation.

•  Mr. Masters represented a Defendant landlord in a bizarre case. Defendant’s ex-janitor was an ex-convict who served 15 years in prison for rape and had been out of prison for less than a year before the killing. After recently being fired, the ex-janitor beat and strangled a tenant to death in her apartment. Plaintiff alleged a “negligent introduction” theory, as well as more traditional theories of premises liability, master/servant liability, and the like. Plaintiff argued that the ex-janitor should never have been hired due to his criminal record and if he had not been hired, he and the tenant would have never met and she would not have died. Discovery revealed that the ex-janitor and the tenant knew each other before the tenant moved into the building, that they had an on-going sexual relationship, and that he killed her while they were having intercourse while both were high on crack cocaine and alcohol. Plaintiff’s settlement demand was $7.5 million dollars. The Court of Appeals upheld the trial court’s dismissal based on lack of factual proximate cause and no duty.

• In another tragic case, Mr. Masters represented a Defendant landlord. Plaintiff’s infant was in the care of his mother at Defendant’s rental house. The infant’s mother fell asleep on the couch and a fire started in the house. The infant’s mother ran out of the house, leaving the infant behind. A neighbor broke down the door to the house to get the baby out, but the child had already died due to smoke inhalation. Plaintiff claimed that there was a non-functioning smoke detector in the rental house which caused or contributed to the infant’s death. The infant’s mother disappeared and was never deposed. The trial court granted Mr. Masters’ motion to dismiss the landlord based on lack of factual proximate cause, and the Court of Appeals denied plaintiff’s appeal.

• Mr. Masters represented a landlord in a strange death case. Plaintiff’s decedent rented an upper flat from the landlord. According to witnesses, Plaintiff’s decedent was a fence who double-crossed a local drug dealer, who then sought revenge. One night, there was a knock on the door. Plaintiff’s decedent opened the door, gasped, and then tried to slam the door. However, the gunman had managed to slip the barrel of a .22 caliber rifle through the door opening and fired several rounds. The gunman then pulled the barrel out, the decedent closed and locked the door, and the gunman then fired a single shot through the door. Plaintiff’s decedent died at the hospital several hours later from a single gunshot wound. Plaintiff sued the landlord on the theory that the door to the flat was an out-of-code door. However, there was no evidence to establish (1) whether the bullet which killed the decedent was the one which went through the door, or (2) whether an up-to-code door would have stopped the bullet and prevented the death. The Court of Appeals upheld the trial court’s dismissal based on lack of factual proximate cause.

He is a member of the Firm’s Commercial and Business Law, Construction, Malpractice/Professional Liability, Motor Vehicle Litigation, and Product Liability Practice Groups and serves as Chair of the Firm’s Premises Liability Practice Group. Mr. Masters has earned an AV Preeminent Peer Review Rating by Martindale-Hubbell and was named to dbusiness Magazine’s list of Top Lawyers in 2010 and 2017. He has also been named to Super Lawyers Magazine’s list of Michigan Super Lawyers from 2013 through the present in the area of Civil Litigation – Defense. He was also listed in Super Lawyers Magazine’s Business Edition in 2014 and 2015 in the area of Civil Litigation – Defense.

Mr. Masters earned his Juris Doctor from Wayne State University Law School and received two Bachelor of Arts degrees from Wayne State University in Political Science and English. He is admitted to practice law in the State of Michigan and the United States District Court for the Eastern and Western Districts of Michigan. He is a member of the State Bar of Michigan’s Insurance and Indemnity Law, Litigation, and Negligence Law Sections. Mr. Masters is an active member of the Risk and Insurance Management Society (RIMS) and the International Association of Amusement Parks and Attractions (IAAPA). He also previously served on the Governmental Affairs Committee of the Building Owners and Managers Association of Metropolitan Detroit.

Mark F. Masters has successfully defended his clients’ interests in product liability claims involving push squeegees, garage door openers, fuel cells, elevators, and more. Specializing in litigation, Mr. Masters has defended his clients’ interests at trial in courts throughout Michigan. In addition to his experience in the courtroom, he is avidly committed to staying on top of the latest rulings and legislation in his areas of expertise and actively shares this information with his clients and colleagues. He frequently conducts seminars on the topics of Premises Liability, Motor Vehicle Litigation, and Product Liability to arm his clients with risk management tools. Mr. Masters also authors articles for several of the Firm’s publications which provide timely legal insights in a variety of practice areas.

Notable examples of Mr. Masters’ exceptional product liability defense work include the following:

• Mr. Masters has repeatedly won motions for summary disposition for a Fortune 500 company in lawsuits against it from claims of tripping over their floor mats. Mr. Masters has successfully argued that the mats in question fall within the language of Michigan’s Product Liability Statute. Therefore, his client was entitled to the open and obvious defense, even though it never possessed the properties where the accidents allegedly occurred.

•  Mr. Masters represented a sub-contractor in a case where Plaintiff was allegedly injured on a waterslide constructed by the sub-contractor at a water park. Plaintiff sued the water park, the general contractor, the sub-contractor, the architect, and the manufacturer of the slide. Normally, a sub-contractor would not be entitled to the open and obvious defense since the sub-contractor would not have “possession and control” over the premises at the time of the accident. However, Mr. Masters raised the novel argument that this case fell within the broad language of Michigan’s Product Liability Act. Therefore, the case was a product liability case under the Act, and the sub-contractor was entitled to the open and obvious defense as one who “constructed” a product under the Act. The trial court agreed and dismissed Plaintiff’s case against the sub-contractor at an early stage.

Mark Masters joined Secrest Wardle in 1994 and is located in the Firm’s Troy office. He became a Partner in 2003, an Executive Partner in 2004, and a Senior Partner in 2013. He is a member of the Firm’s Commercial and Business Law, Construction, Malpractice/Professional Liability, Motor Vehicle Litigation, and Product Liability Practice Groups and serves as Chair of the Firm’s Premises Liability Practice Group. Mr. Masters has earned an AV Preeminent Peer Review Rating by Martindale-Hubbell and was named to dbusiness Magazine’s list of Top Lawyers in 2010 and 2017. He has also been named to Super Lawyers Magazine’s list of Michigan Super Lawyers from 2013 through the present in the area of Civil Litigation – Defense. He was also listed in Super Lawyers Magazine’s Business Edition in 2014 and 2015 in the area of Civil Litigation – Defense.

Mr. Masters earned his Juris Doctor from Wayne State University Law School and received two Bachelor of Arts degrees from Wayne State University in Political Science and English. He is admitted to practice law in the State of Michigan and the United States District Court for the Eastern and Western Districts of Michigan. He is a member of the State Bar of Michigan’s Insurance and Indemnity Law, Litigation, and Negligence Law Sections. Mr. Masters is an active member of the Risk and Insurance Management Society (RIMS) and the International Association of Amusement Parks and Attractions (IAAPA). He also previously served on the Governmental Affairs Committee of the Building Owners and Managers Association of Metropolitan Detroit.