Thomas J. Azoni
Troy Office
Thomas J. Azoni
Senior Partner, Thomas J. Azoni, located in Secrest Wardle's Troy office, is a member of the Amusement and Leisure, General Negligence, Motor Vehicle Litigation, Premises Liability, Trucking / Commercial Vehicle Litigation, Practice Groups.
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Thomas J. Azoni has been a member of the Firm since 1985. He is a member of the State Bar of Michigan, the Oakland County Bar Association and the Defense Trial Lawyers Association. He is a member of the DRI committees on Ethics and Trial Tactics and a member of the Claims and Litigation Management Alliance. Mr. Azoni also belongs to Secrest Wardle’s Amusement and Leisure, General Negligence, Motor Vehicle Litigation, Premises Liability, and Trucking/Commercial Vehicle Litigation Practice Groups. He acts as Chair of the Firm’s General Negligence Practice Group and a Chair of the Motor Vehicle Litigation Practice Group.
Mr. Azoni graduated from the University of Michigan in 1974 with a BA degree in Economics. He received his Juris Doctor, cum laude from the Detroit College of Law in 1977. He was admitted to the State Bar of Michigan in 1977 and the United States District Court, Eastern District of Michigan in 1978.
From 2017 to the present, Mr. Azoni has been recognized in The Best Lawyers in America© and for 2021 has been listed in the Commercial Litigation, Insurance Law and Personal Injury Litigation – Defendants categories in Troy, Michigan. He was also named Best Lawyers® 2018 Insurance Law “Lawyer of the Year” in Troy, Michigan. “Lawyer of the Year” recognitions are presented to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic location. Mr. Azoni has also earned an AV Preeminent® Peer Review Rating by Martindale-Hubbell. Mr. Azoni has been selected by his peers to Super Lawyers Magazine‘s list of Michigan Super Lawyers from 2012 through the present and for 2019 was listed in the area of Personal Injury General – Defense. Additionally, he has been listed in the Super Lawyers Business Edition in the area of Personal Injury Defense-General and Litigation. Mr. Azoni was named to the Crain’s Detroit Business list of Top Attorneys in 2014. From 2018 to the present, he has been included in dbusiness magazine’s list of “Top Lawyers in Metro Detroit” and for 2019 is listed in the Food and Beverage Law and Insurance Law categories.
In addition to trial work for the Firm’s insurance clients, Mr. Azoni is an active public speaker. Seminars presented have included: Traumatic Brain Injuries (2001), Present Trends in Dramshop Litigation (2002) and Complex Medicine for Insurance Professionals (2004). Mr. Azoni has lectured U.S. Assistant Attorneys General, U.S. Justice Department, on techniques for cross-examination of medical experts (2013). He was interviewed regarding no-fault auto legislation by Michigan Lawyers Weekly (2013).
Significant Cases:
Sprys v Vettraino (2006). A woman visiting her boyfriend’s apartment suffered a fatal fall from the roof of a two-story commercial building. The plaintiff sued the owners of the building, alleging building code violations and general negligence that led to the decedent’s access to and fall from the roof. The decedent was 22 years old at the time of her death.
Court: Lapeer County Circuit Court; Judge Michael Higgins
Plaintiff’s attorney: Jeffrey P. Ray
Verdict sought by plaintiff: $3 million dollars
Result: No Cause for Action against building owners, and a verdict of $13,000 against decedent’s boyfriend. Case evaluation sanctions awarded to the Defendant eliminated even this modest award.
Bellew v Pier 500 (2008). Plaintiff was a patron of a downriver bar called Pier 500. He claimed that bar bouncers slammed an unruly patron into an interior brick wall, causing it to topple onto plaintiff. The defendant claimed the plaintiff was nowhere near the wall when it fell. Bellew suffered a herniated lumbar disc requiring surgery. He claimed the surgery failed. He claimed he lost his factory job at Chrysler and is now hooked on pain medication.
Court: Wayne County Circuit Court; Judge Cynthia Stephens
Plaintiff’s attorney: Vince Collella
Verdict sought by plaintiff: $1 million dollars
Result: Verdict for plaintiff of $50,000, reduced by defense case evaluation sanctions, leaving a net verdict for plaintiff of $10,863.53.
Plaza v Bakhaus (2006). A large tree limb fell onto plaintiff’s back and leg following an ice storm, causing permanent back and leg injuries. The plaintiff claimed that the landlord of the house he rented was negligent in failing to maintain large old trees on the property notwithstanding prior requirements to do so. The plaintiff was 33 years of age and claimed a permanent disability from all work.
Court: Wayne County Circuit Court; Judge John Murphy
Plaintiff’s attorney: Stanley Feldman
Verdict sought by plaintiff: $2 million dollars in future wage loss, along with $48,492 in medicals
Result: The jury returned a verdict representing plaintiff’s medical bills ($48,492) plus non-economic loss damages of $11,500.
Peterson v Gasper Recycling (2007). Plaintiff’s foot was backed over by a crane on defendant’s premises, causing a severe crush injury to plaintiff’s foot, requiring surgery. Plaintiff had an unfavorable surgical outcome, leaving him with a limp and requiring the use of a cane to ambulate. Plaintiff was permanently disabled prior to the accident due to back injuries, and was claiming additional disability, pain and suffering as a result of this accident.
Court: Monroe County Circuit Court; Judge Joseph Costello
Plaintiff’s attorney: Leo Januszewski
Verdict sought by plaintiff: $1,000,000
Result: $75,000, reduced by case evaluation sanctions of $39,327, for a net Judgment of $40,169.22.
Martindale, et al v Trubey (1998). Plaintiff slipped and fell at defendant’s residence, claiming there was an accumulation of ice on the porch. Plaintiff sustained a herniated lumbar disc in his back, requiring surgery and fusion.
Court: Oakland County Circuit Court; Judge Wendy Potts
Plaintiff’s attorney: Arnold Gordon, Fellow of American College of Trial Attorneys
Verdict sought by plaintiff: $600,000
Result: No Cause for Action
Rocklin v Horizon Homestead (1993). Plaintiff fell down on ice on a porch/steps and sued defendant, who was the entity renting out the property. Plaintiff, 22, sustained a bimalleolar ankle fracture requiring internal fixation, which she claimed resulted in permanent stiffness, pain and a future arthritic condition.
Court: Oakland County Circuit Court; Judge Andrews
Plaintiff’s attorney: Curtis G. Rundell, II
Result: Directed Verdict for Defendant
Lanham v Allen (2007). A man sued his father-in-law after suffering a serious ankle injury at defendant’s family vacation home. Plaintiff claimed he fell on defective stairs, which defendant disputed. The plaintiff alleged that he fell from temporary cinderblock steps, which had been put into place six months before this incident. Plaintiff alleged that defendant failed to maintain the steps, and that plaintiff had no knowledge that the cinderblocks were not secured with mortar.
Court: Wayne County Circuit Court; Judge Kathleen MacDonald
Plaintiff’s attorney: James Brittain
Verdict sought by plaintiff: $13,500 in past medicals, $5,000 in future medicals, $38,481 in past lost wages and $481,000 in future lost wages.
Result: No Cause for Action
Oates v Park Place Towers (2007). Plaintiff slipped and fell as he was entering defendant’s building, where he resided. He fractured his ankle in the fall. In addition, the plaintiff claimed a head injury, severe pain and a back and neck injury.
Court: Macomb County Circuit Court; Judge Mark Switalski
Plaintiff’s attorney: Brian Muawad
Result: Directed Verdict of No Cause for Action
Gerner v. Bono’s Place Bar (2001), A physical altercation occurred on defendant’s premises, resulting in this premises liability case. The plaintiff alleges he was assaulted, resulting in a closed head injury, nose fracture and teeth damage. The suit papers alleged the person who assaulted plaintiff was an employee of Bono’s Place and was acting in the course and scope of his employment at the time of the incident.
Court: Wayne County Circuit Court; Judge Paul Terranes
Plaintiff’s attorney: Vince Colella
Verdict sought by plaintiff: Wage loss of $11,680.00, medical expenses of $6,664.00, and $30,000 for extensive reconstructive dental work and $50,000 for pain and suffering.
Result: $28,000
Wunkel v Koslowski, et al (2003). Plaintiff jumped out of a second-story window to the ground below believing the apartment building was on fire. She sustained a fractured pelvis, fractured thoracic vertebrae and fractured elbow and wrist, requiring reconstructive surgery on her elbow and wrist. She claimed limited use following surgery. She brought suit against the landlord, claiming that the building was defective and that it lacked at least two means of egress.
Court: Wayne County Circuit Court; Judge Louis Simmons, Jr.
Plaintiff’s attorney: John J. Cooper
Verdict sought by plaintiff: $95,000
Result: No Cause for Action
Olson v Hilton Hotel Corporation, et al (1988). Plaintiff fell down on a wet hotel floor, sustained a fracture of the acromial process (point of the shoulder formed by the scapula and clavicle), which developed arthritis, limiting the use of the right arm, pain and suffering. Plaintiff claimed that there were inadequate warning signs in place regarding the wet floor.
Court: Oakland County Circuit Court; Judge Francis X. O’Brien
Plaintiff’s attorney: William H. Archer
Verdict sought by plaintiff: $200,000
Result: $37,350
Paul v Rally Cap, Inc. (1996). Plaintiff was a business invitee on defendant’s premises. He came to inspect, disassemble and move a spray booth that defendant advertised for sale. Plaintiff stood on the roof of the spray booth to detach it from the surrounding structure. One of the roof panels collapsed and plaintiff fell, badly fracturing his wrist.
Court: Oakland County Circuit Court; Judge Hilda Gage
Plaintiff’s attorney: Robert A. Maxwell
Verdict sought by plaintiff: $220,000
Result: $70,000
Cobb v Kefallinos, d/b/a Boydell Development (1995). Plaintiff was in defendant’s apartment building when a ceiling fixture fell and struck him on the head, causing a small laceration. Plaintiff also claimed to have two epileptic seizures from the incident, requiring that he take medication for a year.
Court: Wayne County Circuit Court; Judge Claudia Morcom
Plaintiff’s attorney: Gary Krochmal
Verdict sought by plaintiff: $5,000 in medicals, $12,500 in lost income and $17,500 in future medicals and future lost income.
Result: $68,500
Thomas J. Azoni has practiced in Michigan and federal courts for 44 years. Mr. Azoni is a member of Secrest Wardle’s Amusement and Leisure, General Negligence, Motor Vehicle Litigation, Premises Liability, and Trucking/Commercial Vehicle Litigation Practice Groups. He acts as Chair of the Firm’s General Negligence Practice Group and a Chair of the Motor Vehicle Litigation Practice Group.
From 2017 to the present, Mr. Azoni has been recognized in The Best Lawyers in America© and for 2021 has been listed in the Commercial Litigation, Insurance Law and Personal Injury Litigation – Defendants categories in Troy, Michigan. He was also named Best Lawyers® 2018 Insurance Law “Lawyer of the Year” in Troy, Michigan. “Lawyer of the Year” recognitions are presented to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic location. Mr. Azoni has also earned an AV Preeminent® Peer Review Rating by Martindale-Hubbell. Mr. Azoni has been selected by his peers to Super Lawyers Magazine‘s list of Michigan Super Lawyers from 2012 through the present and for 2019 was listed in the area of Personal Injury General – Defense. Additionally, he has been listed in the Super Lawyers Business Edition in the area of Personal Injury Defense-General and Litigation. Mr. Azoni was named to the Crain’s Detroit Business list of Top Attorneys in 2014. From 2018 to the present, he has been included in dbusiness magazine’s list of “Top Lawyers in Metro Detroit” and for 2019 is listed in the Food and Beverage Law and Insurance Law categories.
Thomas Azoni received his undergraduate education from the University of Michigan and his law degree, with honors, from the Detroit College of Law, now called the Michigan State School of Law. He was admitted to state practice in 1977 and was admitted to the federal bar in 1978.
In addition to trial work for the Firm’s insurance clients, Mr. Azoni is an active public speaker. Seminars presented have included: Traumatic Brain Injuries (2001), Present Trends in Dramshop Litigation (2002) and Complex Medicine for Insurance Professionals (2004). Mr. Azoni has lectured U.S. Assistant Attorneys General, U.S. Justice Department, on techniques for cross-examination of medical experts (2013). He was interviewed regarding no-fault auto legislation by Michigan Lawyers Weekly (2013).
Mr. Azoni is a member of the following organizations:
- State Bar of Michigan
- Oakland County Bar Association
- Defense Trial Lawyers Association
- DRI – Committees on Ethics and Trial Tactics
- Claims and Litigation Management Alliance
Thomas J. Azoni has been a member of the Firm since 1985. He is a member of the State Bar of Michigan, the Oakland County Bar Association and the Defense Trial Lawyers Association. He is a member of the DRI committees on Ethics and Trial Tactics and a member of the Claims and Litigation Management Alliance. Mr. Azoni also belongs to Secrest Wardle’s Amusement and Leisure, General Negligence, Motor Vehicle Litigation, Premises Liability, and Trucking/Commercial Vehicle Litigation Practice Groups. He acts as Chair of the Firm’s General Negligence Practice Group and a Chair of the Motor Vehicle Litigation Practice Group.
Mr. Azoni graduated from the University of Michigan in 1974 with a BA degree in Economics. He received his Juris Doctor, cum laude from the Detroit College of Law in 1977. He was admitted to the State Bar of Michigan in 1977 and the United States District Court, Eastern District of Michigan in 1978.
From 2017 to the present, Mr. Azoni has been recognized in The Best Lawyers in America© and for 2021 has been listed in the Commercial Litigation, Insurance Law and Personal Injury Litigation – Defendants categories in Troy, Michigan. He was also named Best Lawyers® 2018 Insurance Law “Lawyer of the Year” in Troy, Michigan. “Lawyer of the Year” recognitions are presented to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic location. Mr. Azoni has also earned an AV Preeminent® Peer Review Rating by Martindale-Hubbell. Mr. Azoni has been selected by his peers to Super Lawyers Magazine‘s list of Michigan Super Lawyers from 2012 through the present and for 2019 was listed in the area of Personal Injury General – Defense. Additionally, he has been listed in the Super Lawyers Business Edition in the area of Personal Injury Defense-General and Litigation. Mr. Azoni was named to the Crain’s Detroit Business list of Top Attorneys in 2014. From 2018 to the present, he has been included in dbusiness magazine’s list of “Top Lawyers in Metro Detroit” and for 2019 is listed in the Food and Beverage Law and Insurance Law categories.
In addition to trial work for the Firm’s insurance clients, Mr. Azoni is an active public speaker. Seminars presented have included: Traumatic Brain Injuries (2001), Present Trends in Dramshop Litigation (2002) and Complex Medicine for Insurance Professionals (2004). Mr. Azoni has lectured U.S. Assistant Attorneys General, U.S. Justice Department, on techniques for cross-examination of medical experts (2013). He was interviewed regarding no-fault auto legislation by Michigan Lawyers Weekly (2013).
Significant Cases:
January 16, 2015: defense jury trial in Oakland County Circuit Court. At-fault accident involving defendant teenager running red light and causing brain injury. Plaintiff requested verdict in range between $1.5 million and $3.0 million. Jury returned a verdict, reduced to present value, of $362,000.
October 13, 2014: Jury trial in admitted liability auto negligence case in Oakland County Circuit Court. Last offer before trial was $200,000. Jury returned a verdict of $100,000. Plaintiff’s counsel sought a verdict of $1.5 million.
March 11, 2014: No cause for action defending the 3M Company in a third-party auto case in Oakland County Circuit Court jury trial.
Estate of Stanley Grondzik v Betty Burns (2008). Defendant leased a rental car for her son to drive while his personal vehicle was being repaired at a dealership. Her son was involved in a fatal, at-fault accident with the rental car. The Estate sued Burns on the theory that the car rental agreement was open-ended and she could have kept the rental for more than 30 days, making her an “owner” under the Owner’s Liability Statute.
Court: St. Clair County Circuit Court; Judge Daniel Kelly
Plaintiff’s attorney: Mark Baumkel
Verdict sought by plaintiff: $3.5 million dollars
Result: No Cause for Action
Kelmendi v Pitts, et al (1999). Plaintiff claimed he sustained serious orthopedic and neurological injuries as a result of an accident with the defendant’s tractor-trailer in Detroit. Dr. Kelmendi’s injuries included herniated discs in his cervical spine along with a closed head injury.
Court: United States District Court, Eastern Division
Plaintiff’s attorney: Barbara M. Littles
Verdict sought by plaintiff: $105,000,000.00
Result: No Cause for Action
Zaliwski v Auto-Owners Insurance Company (2006). Plaintiff was rear-ended by an uninsured motorist, sustaining significant knee injuries which ultimately required seven surgeries, including a complete knee replacement. The only issue in dispute at the time of trial was the amount of damages, as the Court directed summary disposition in favor of the Plaintiff with regard to the liability of the driver and a serious impairment of body function and serious disfigurement prior. Plaintiff, a 52- year-old married female, claimed total disability from the time of the accident, as well as cervical spine injuries. The Judge ruled that the defendant’s policy limits of $1,000,000 were admissible at the time of trial.
Court: Wayne County Circuit Court; Judge Prentis Edwards
Plaintiff’s attorney: Lee Turner
Verdict sought by plaintiff: $1,000,000
Result: $166,800, broken down as follows: $164,300 in non-economic damages and $2,500 to her husband for loss of consortium.
Mark and Karen Heidt v Yohe (1993). This was a left-of-center auto accident, wherein plaintiff Karen Heidt suffered a fractured shoulder, fractured left forearm, loss of spleen and fractured femur in her left leg resulting in 1.5 years of disability and loss of employment. She claimed $200,000 in excess wage loss. Plaintiff Mark Heidt sustained a fractured right foot and soft tissue neck and back injuries.
Court: Macomb County Circuit Court; Judge Edward Servitto
Plaintiff’s attorney: Robert Guenzel
Verdict sought by plaintiff: $1,000,000
Result: $100,000 for Karen Heidt and $19,500 for Mark Heidt
Johnson v Boulevard Group (1995). Plaintiff was rear-ended in an auto accident, causing neck strain superimposed on pre-existing arthritis, which required a nerve block, rhizotomy, cervical diskectomy and fusion. Plaintiff claimed $128,000 in excess wage loss.
Court: Oakland County Circuit Court; Judge John MacDonald
Plaintiff’s attorney: James M. Cull
Verdict sought by plaintiff: $800,000
Result: $400,000 reduced to present value.
Franklin v Schneider (1990). Plaintiff was a pedestrian, crossing away from the crosswalk when struck by defendant. Plaintiff claimed an internal derangement of left knee and shoulder, aggravation of pre-existing neck fusion, seizures during diagnostic testing and emotional distress. A claim was made for $160,000 in excess wage loss.
Court: Oakland County Circuit Court; Judge John N. O’Brien
Plaintiff’s attorney: Robert P. Roth
Verdict sought by plaintiff: $600,000
Result: $326,250
Worthington v Monette (1997). Plaintiff was stopped in her vehicle when rear-ended by the defendant. Plaintiff claimed soft tissue neck and back injuries, exacerbation of a pre-existing low back laminectomy, emotional distress and depression.
Court: Oakland County Circuit Court; Judge Rudy Nichols
Plaintiff’s attorney: Michael Crow
Verdict sought by plaintiff: $500,000
Result: No Cause for Action and Mediation Sanctions Granted
Randles v Attard (1998). This was an auto negligence case in which the plaintiff attempted to pass a turning vehicle. The plaintiff sustained a closed head injury resulting in cognitive losses and loss of consciousness, soft tissue neck and back injuries and left shoulder complaints.
Court: Wayne County Circuit Court: Judge Edward Thomas
Plaintiff’s attorney: Howard M. Cohen
Verdict sought by Plaintiff: Approximately $500,000
Result: No Cause for Action
Elizabeth and Jamie Compton v Kelly Drouillard, et al (2008). Defendant high school student failed to yield at a stop sign causing an accident with a vehicle driven by Elizabeth Compton. She allegedly suffered a traumatic brain injury with resulting memory loss, seizures and depression. She also claimed facial scarring as a permanent serious disfigurement.
Court: Monroe County Circuit Court; Judge Joseph Costello
Plaintiffs’ attorney: Michael Heilmann
Verdict sought by plaintiff: $425,000
Result: No Cause for Action
Evans v Arnott (1993). This was a rear-end motor vehicle accident. Plaintiff claims he sustained a herniated disc with a pinched nerve, resulting in limited mobility and constant pain. Plaintiff claimed $200,000 in excess wage loss.
Court: Wayne County Circuit Court; Judge Susan Borman
Plaintiff’s attorney: Scott Goodwin
Verdict sought by plaintiff: $400,000
Result: No Cause for Action
Wulff v Auto-Owners Insurance Company (2001). Plaintiff was rear-ended by an uninsured motorist, and sued for personal injury protection benefits. She allegedly sustained a closed head injury and was complaining of continued closed head symptoms nearly five years post-accident.
Court: Wayne County Circuit Court; Judge Paul Terranes
Plaintiff’s attorney: James Iafrate
Verdict sought by plaintiff: $400,000
Result: No Cause for Action
Frumin v. Haffey (2001). This was an auto negligence case. Plaintiff turned into defendant’s path, claiming defendant was at fault for the accident. The plaintiff described herself as disabled due to significant back, neck, and right shoulder pain.
Court: Oakland County Circuit Court; Judge Philip Jourdan
Plaintiff’s attorney: Gary Eisenberg
Verdict sought by plaintiff: Approximately $100,000
Result: No Cause for Action
Abbott v Walkonis (1993). Plaintiff was involved in an auto/bicycle accident, involving alcohol. He sustained a fractured femur, requiring open reduction and traction.
Court: Wayne County Circuit Court; Judge John R. Kirnan
Plaintiff’s attorney: Michael G. Kelman
Verdict sought by plaintiff: $150,000
Result: No Cause for Action
James Averill v Nicholas Dries, et al (2008). Defendant stole a golf cart from the local golf course. In the process, he damaged the front axle. He enlisted a teenage friend to help fix it. In the course of driving the golf cart to the plaintiff’s home, it flipped over, causing a significant degloving injury to the plaintiff’s left foot. Plaintiff claimed both a serious impairment of body function and a permanent serious disfigurement.
Court: Oakland County Circuit Court; Judge Langford Morris
Plaintiff’s attorney: Paul S. Clark
Verdict sought by Plaintiff: $125,000
Result: Verdict of $8,000 less 45% comparative fault for net verdict of $4,400
Thomas J. Azoni has been a member of the Firm since 1985. He is a member of the State Bar of Michigan, the Oakland County Bar Association and the Defense Trial Lawyers Association. He is a member of the DRI committees on Ethics and Trial Tactics and a member of the Claims and Litigation Management Alliance. Mr. Azoni also belongs to Secrest Wardle’s Amusement and Leisure, General Negligence, Motor Vehicle Litigation, Premises Liability, and Trucking/Commercial Vehicle Litigation Practice Groups. He acts as Chair of the Firm’s General Negligence Practice Group and a Chair of the Motor Vehicle Litigation Practice Group.
Mr. Azoni graduated from the University of Michigan in 1974 with a BA degree in Economics. He received his Juris Doctor, cum laude from the Detroit College of Law in 1977. He was admitted to the State Bar of Michigan in 1977 and the United States District Court, Eastern District of Michigan in 1978.
From 2017 to the present, Mr. Azoni has been recognized in The Best Lawyers in America© and for 2021 has been listed in the Commercial Litigation, Insurance Law and Personal Injury Litigation – Defendants categories in Troy, Michigan. He was also named Best Lawyers® 2018 Insurance Law “Lawyer of the Year” in Troy, Michigan. “Lawyer of the Year” recognitions are presented to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic location. Mr. Azoni has also earned an AV Preeminent® Peer Review Rating by Martindale-Hubbell. Mr. Azoni has been selected by his peers to Super Lawyers Magazine‘s list of Michigan Super Lawyers from 2012 through the present and for 2019 was listed in the area of Personal Injury General – Defense. Additionally, he has been listed in the Super Lawyers Business Edition in the area of Personal Injury Defense-General and Litigation. Mr. Azoni was named to the Crain’s Detroit Business list of Top Attorneys in 2014. From 2018 to the present, he has been included in dbusiness magazine’s list of “Top Lawyers in Metro Detroit” and for 2019 is listed in the Food and Beverage Law and Insurance Law categories.
In addition to trial work for the Firm’s insurance clients, Mr. Azoni is an active public speaker. Seminars presented have included: Traumatic Brain Injuries (2001), Present Trends in Dramshop Litigation (2002) and Complex Medicine for Insurance Professionals (2004). Mr. Azoni has lectured U.S. Assistant Attorneys General, U.S. Justice Department, on techniques for cross-examination of medical experts (2013). He was interviewed regarding no-fault auto legislation by Michigan Lawyers Weekly (2013).
Significant Cases:
Sprys v Vettraino (2006). A woman visiting her boyfriend’s apartment suffered a fatal fall from the roof of a two-story commercial building. The plaintiff sued the owners of the building, alleging building code violations and general negligence that led to the decedent’s access to and fall from the roof. The decedent was 22 years old at the time of her death.
Court: Lapeer County Circuit Court; Judge Michael Higgins
Plaintiff’s attorney: Jeffrey P. Ray
Verdict sought by plaintiff: $3 million dollars
Result: No Cause for Action against building owners, and a verdict of $13,000 against decedent’s boyfriend. Case evaluation sanctions awarded to the Defendant eliminated even this modest award.
Bellew v Pier 500 (2008). Plaintiff was a patron of a downriver bar called Pier 500. He claimed that bar bouncers slammed an unruly patron into an interior brick wall, causing it to topple onto plaintiff. The defendant claimed the plaintiff was nowhere near the wall when it fell. Bellew suffered a herniated lumbar disc requiring surgery. He claimed the surgery failed. He claimed he lost his factory job at Chrysler and is now hooked on pain medication.
Court: Wayne County Circuit Court; Judge Cynthia Stephens
Plaintiff’s attorney: Vince Collella
Verdict sought by plaintiff: $1 million dollars
Result: Verdict for plaintiff of $50,000, reduced by defense case evaluation sanctions, leaving a net verdict for plaintiff of $10,863.53.
Plaza v Bakhaus (2006). A large tree limb fell onto plaintiff’s back and leg following an ice storm, causing permanent back and leg injuries. The plaintiff claimed that the landlord of the house he rented was negligent in failing to maintain large old trees on the property notwithstanding prior requires to do so. The plaintiff was 33 years of age and claimed a permanent disability from all work.
Court: Wayne County Circuit Court; Judge John Murphy
Plaintiff’s attorney: Stanley Feldman
Verdict sought by plaintiff: $2 million dollars in future wage loss, along with $48,492 in medicals
Result: The jury returned a verdict representing plaintiff’s medical bills ($48,492) plus non-economic loss damages of $11,500.
Peterson v Gasper Recycling (2007). Plaintiff’s foot was backed over by a crane on defendant’s premises, causing a severe crush injury to plaintiff’s foot, requiring surgery. Plaintiff had an unfavorable surgical outcome, leaving him with a limp and requiring the use of a cane to ambulate. Plaintiff was permanently disabled prior to the accident due to back injuries, and was claiming additional disability, pain and suffering as a result of this accident.
Court: Monroe County Circuit Court; Judge Joseph Costello
Plaintiff’s attorney: Leo Januszewski
Verdict sought by plaintiff: $1,000,000
Result: $75,000, reduced by case evaluation sanctions of $39,327, for a net Judgment of $40,169.22.
Martindale, et al v Trubey (1998). Plaintiff slipped and fell at defendant’s residence, claiming there was an accumulation of ice on the porch. Plaintiff sustained a herniated lumbar disc in his back, requiring surgery and fusion.
Court: Oakland County Circuit Court; Judge Wendy Potts
Plaintiff’s attorney: Arnold Gordon, Fellow of American College of Trial Attorneys
Verdict sought by plaintiff: $600,000
Result: No Cause for Action
Rocklin v Horizon Homestead (1993). Plaintiff fell down on ice on a porch/steps and sued defendant, who was the entity renting out the property. Plaintiff, 22, sustained a bimalleolar ankle fracture requiring internal fixation, which she claimed resulted in permanent stiffness, pain and a future arthritic condition.
Court: Oakland County Circuit Court; Judge Andrews
Plaintiff’s attorney: Curtis G. Rundell, II
Result: Directed Verdict for Defendant
Lanham v Allen (2007). A man sued his father-in-law after suffering a serious ankle injury at defendant’s family vacation home. Plaintiff claimed he fell on defective stairs, which defendant disputed. The plaintiff alleged that he fell from temporary cinderblock steps, which had been put into place six months before this incident. Plaintiff alleged that defendant failed to maintain the steps, and that plaintiff had no knowledge that the cinderblocks were not secured with mortar.
Court: Wayne County Circuit Court; Judge Kathleen MacDonald
Plaintiff’s attorney: James Brittain
Verdict sought by plaintiff: $13,500 in past medicals, $5,000 in future medicals, $38,481 in past lost wages and $481,000 in future lost wages.
Result: No Cause for Action
Oates v Park Place Towers (2007). Plaintiff slipped and fell as he was entering defendant’s building, where he resided. He fractured his ankle in the fall. In addition, the plaintiff claimed a head injury, severe pain and a back and neck injury.
Court: Macomb County Circuit Court; Judge Mark Switalski
Plaintiff’s attorney: Brian Muawad
Result: Directed Verdict of No Cause for Action
Gerner v. Bono’s Place Bar (2001), A physical altercation occurred on defendant’s premises, resulting in this premises liability case. The plaintiff alleges he was assaulted, resulting in a closed head injury, nose fracture and teeth damage. The suit papers alleged the person who assaulted plaintiff was an employee of Bono’s Place and was acting in the course and scope of his employment at the time of the incident.
Court: Wayne County Circuit Court; Judge Paul Terranes
Plaintiff’s attorney: Vince Colella
Verdict sought by plaintiff: Wage loss of $11,680.00, medical expenses of $6,664.00, and $30,000 for extensive reconstructive dental work and $50,000 for pain and suffering.
Result: $28,000
Wunkel v Koslowski, et al (2003). Plaintiff jumped out of a second-story window to the ground below believing the apartment building was on fire. She sustained a fractured pelvis, fractured thoracic vertebrae and fractured elbow and wrist, requiring reconstructive surgery on her elbow and wrist. She claimed limited use following surgery. She brought suit against the landlord, claiming that the building was defective and that it lacked at least two means of egress.
Court: Wayne County Circuit Court; Judge Louis Simmons, Jr.
Plaintiff’s attorney: John J. Cooper
Verdict sought by plaintiff: $95,000
Result: No Cause for Action
Olson v Hilton Hotel Corporation, et al (1988). Plaintiff fell down on a wet hotel floor, sustained a fracture of the acromial process (point of the shoulder formed by the scapula and clavicle), which developed arthritis, limiting the use of the right arm, pain and suffering. Plaintiff claimed that there were inadequate warning signs in place regarding the wet floor.
Court: Oakland County Circuit Court; Judge Francis X. O’Brien
Plaintiff’s attorney: William H. Archer
Verdict sought by plaintiff: $200,000
Result: $37,350
Paul v Rally Cap, Inc. (1996). Plaintiff was a business invitee on defendant’s premises. He came to inspect, disassemble and move a spray booth that defendant advertised for sale. Plaintiff stood on the roof of the spray booth to detach it from the surrounding structure. One of the roof panels collapsed and plaintiff fell, badly fracturing his wrist.
Court: Oakland County Circuit Court; Judge Hilda Gage
Plaintiff’s attorney: Robert A. Maxwell
Verdict sought by plaintiff: $220,000
Result: $70,000
Cobb v Kefallinos, d/b/a Boydell Development (1995). Plaintiff was in defendant’s apartment building when a ceiling fixture fell and struck him on the head, causing a small laceration. Plaintiff also claimed to have two epileptic seizures from the incident, requiring that he take medication for a year.
Court: Wayne County Circuit Court; Judge Claudia Morcom
Plaintiff’s attorney: Gary Krochmal (
Verdict sought by plaintiff: $5,000 in medicals, $12,500 in lost income and $17,500 in future medicals and future lost income.
Result: $68,500
Thomas J. Azoni has practiced in Michigan and federal courts for 44 years. Mr. Azoni is a member of Secrest Wardle’s Amusement and Leisure, General Negligence, Motor Vehicle Litigation, Premises Liability, and Trucking/Commercial Vehicle Litigation Practice Groups.
From 2017 to the present, Mr. Azoni has been recognized in The Best Lawyers in America© and for 2021 has been listed in the Commercial Litigation, Insurance Law and Personal Injury Litigation – Defendants categories in Troy, Michigan. He was also named Best Lawyers® 2018 Insurance Law “Lawyer of the Year” in Troy, Michigan. “Lawyer of the Year” recognitions are presented to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic location. Mr. Azoni has also earned an AV Preeminent® Peer Review Rating by Martindale-Hubbell. Mr. Azoni has been selected by his peers to Super Lawyers Magazine‘s list of Michigan Super Lawyers from 2012 through the present and for 2019 was listed in the area of Personal Injury General – Defense. Additionally, he has been listed in the Super Lawyers Business Edition in the area of Personal Injury Defense-General and Litigation. Mr. Azoni was named to the Crain’s Detroit Business list of Top Attorneys in 2014. From 2018 to the present, he has been included in dbusiness magazine’s list of “Top Lawyers in Metro Detroit” and for 2019 is listed in the Food and Beverage Law and Insurance Law categories.
Thomas Azoni received his undergraduate education from the University of Michigan and his law degree, with honors, from the Detroit College of Law, now called the Michigan State School of Law. He was admitted to state practice in 1977 and was admitted to the federal bar in 1978.
Mr. Azoni’s trucking litigation experience includes high-value claims involving death or serious personal injury.
Notable Trucking Cases:
Fatal Accident – Collision
This case arose out of a fatal accident that occurred on westbound I-96 in Wayne County, Michigan on February 8, 2014. A milk-hauling truck struck the rear of a disabled SUV on the travel portion of the freeway resulting in the death of an 11-year old child. The defense was able to overcome claims that the SUV’s hazard lights were activated and that the truck’s braking system was compromised. The case was ultimately resolved favorably to defendant.
Fatal Accident – Loading Dock Injury
This case arose out of a fatal accident that occurred at a loading dock at a facility in Madison Heights, Michigan, on December 8, 2012. The decedent was standing at the rear of his truck, securing the vehicle, while the defendant’s truck was backing into a loading bay. The rear of the defendant’s truck pinched the decedent against his own vehicle, traumatically amputating an arm and a leg. He died in the hospital about 20 days later. This case was resolved favorably to the trucking company notwithstanding the criminal charges brought against its driver for negligent driving.
Multi-Vehicle Accident
This case arose out of a multi-vehicle accident that took place on I-75 and Dunbar Road in Monroe Township on February 16, 2013. A sudden snow storm occurred producing approximately half an inch to one inch of snow in a very short period of time, making the roadway snow-covered and icy. Through analysis of multiple cell phone photos and police investigation photos we were able to demonstrate that our client was not the vehicle that struck the plaintiffs’ car and the case against our insured was voluntarily dismissed.
Three-Vehicle Collision
This case arose out of a trucking accident that occurred off I-75 on June 20, 2013, resulting in a collision involving two vehicles that were struck by our client’s fully loaded semi-truck and trailer. Both plaintiffs were seriously injured in the accident. The defense of the case was made more difficult by the refusal of the truck driver to cooperate with discovery. After an evaluation of the truck’s hydraulic system failed to support the truck driver’s initial claim of a sudden loss of braking, the case focused on the exaggerated claims of the plaintiffs. Both claims were resolved satisfactorily.