In one notable case which surprised even a bunch of seasoned Indiana insurance adjusters, a blind restaurant patron slipped and fell on a recognizable hazard in the bathroom.  The Court held that because the hazard was open and obvious to the ordinary person, the injured plaintiff was barred from recovering for his personal injuries.

Another exception to the open and obvious defense involves apartment complexes. Apartment complexes have a duty under Michigan Statute to maintain a premises and common areas fit for their intended use. Recently the Courts have been starting to consider whether the purported hazard rendered a premises unsafe for its intended purpose. In one recently decided case, a few inches of snow in an apartment parking lot did not make the parking lot unsafe.  The Court held that the snow did not render the parking lot unsafe for its intended purpose – which was to park cars.  The Court of Appeals seems to be directing the trial judges to consider whether snow and ice in an area of the premises renders the premises unsafe for its intended purpose.

Alexander & Angelas, P.C., is committed to aggressively defending landowners in premises liability cases.  Our firm has represented numerous landowners in the past. We have handled very complex, high severity claims for numerous national corporations and insurers. We practice in all State and Federal Courts in Michigan and maintain an active membership with the Trucking Industry Defense Association (TIDA), and Michigan Defense Trial Counsel.  For the past 20 years, we have been listed in the A.M. Best Directory of Approved Insurance Defense Attorneys.

Alexander & Angelas, P.C. also maintains a 24 Hour Emergency Response Service. The law firm is associated with several independent adjusters positioned throughout Michigan, mechanical engineers who can arrive at an accident scene in Michigan within hours, civil evidence photographers and other qualified and appropriate first-responders.  In a catastrophic emergency situation, your company can activate our 24 Hour Emergency Response Service by calling the following telephone numbers:

Office:                   (248)  290-5600  or  (800)  219-0007

Home:                   (248)  697-9605

Cell:                       (248)  330-5584  or  (248) 808-0560

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            Recently the Michigan Court of Appeals decided a case in which the plaintiff had suffered a fractured femur which required an open reduction and internal fixation.  The doctors used orthopedic hardware which was retained inside the plaintiff to treat the serious fracture.  The plaintiff was non-ambulatory for a period of several months and used crutches after that – but was unable to return to work for some time.  The Court of Appeals affirmed the summary dismissal of the plaintiff’s case by the Trial Court.  The Trial Court and Court of Appeals determined that this injury did not meet the serious impairment threshold. The Court determined that the man’s broken femur had not affected his general ability to lead a normal life because the man could still walk, albeit with a walker and crutches.

             This case illustrates how serious an automobile injury must be before being allowed to get a case to the jury.  Adjusters handling these types of cases need to be familiar with the ever changing case law in this area.

            But the times, they are a changing!! The Michigan Supreme Court recently entertained oral argument which may reverse years of conservative case law.  During oral arguments, the justices seemed fixated on the issue of duration; i.e. how long a person was disabled as a result of an automobile injury. Most attorneys handling personal injury law agree that the Michigan Supreme Court will lower the standards needed to bring a personal injury automobile negligence case. Stay tuned!  

Alexander & Angelas, P.C., devotes a great deal of its practice to representing defendants in catastrophic trucking and automobile negligence cases.  We have handled very complex, high severity claims for numerous national corporations and insurers.  Recent cases have involved double amputations, multi-million dollar insurance coverage disputes and wrongful death actions. We practice in all State and Federal Courts in Michigan and maintain an active membership with the Trucking Industry Defense Association (TIDA), and Michigan Defense Trial Counsel.  For the past 20 years, we have been listed in the A.M. Best Directory of Approved Insurance Defense Attorneys.   

Alexander & Angelas, P.C. also maintains a 24 Hour Emergency Response Service. The law firm is associated with several independent adjusters positioned throughout Michigan, mechanical engineers who can arrive at an accident scene in Michigan within hours, civil evidence photographers and other qualified and appropriate first-responders.  In a catastrophic emergency situation, your company can activate our 24 Hour Emergency Response Service by calling the following telephone numbers:           

Office: (248)  290-5600  or  (800)  219-0007

Home: (248)  697-9605       

Cell: (248)  330-5584  or  (248) 808-0560

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             The trucking industry has made great strides in protecting the public against major truck accidents. Safety standards are continuously reviewed.  Trucking companies realize the importance of having very strong safety programs and often have dedicated management personnel in place to promote trucking safety.  Trucking equipment and technology continues to improve.  Industry trade organizations such as the Trucking Industry Defense Association have been formed with the goal of promoting trucking safety and raising awareness among industry leaders.

             Contrary to the public’s perception, the trucking industry goes to great strides to prevent serious truck accidents.  Many truck accidents are highly defensible because they are not the result of any negligence on the part of the truck driver or his company.  Therefore, when a major truck accident occurs it is important to have a 24 Hour Emergency Response plan in place. A truck accident defense in a major accident must be initiated almost immediately after an accident occurs.

            All truck companies should have a designated “on call” member of management available during all hours of trucking operations to handle a major truck accident investigation.  This trucking company representative should have available a truck accident defense lawyer in each jurisdiction where the company does business.  The company should also contact its insurance carrier immediately after a serious accident occurs. 

             The information which needs to be obtained immediately after a crash includes:  exact location of the accident, name of the investigating law enforcement agency and/or officer in charge, description of personal injuries involved and number of injured individuals, and description of how the accident occurred. An early investigation should identify any witnesses by name and contact information.

             As part of any 24 Hour Emergency Response, the response team should try to secure the following additional information and/or undertake the following efforts:

•  Driver’s log;
• Trip manifest;
• Post-accident drug/alcohol testing;
• Electronic control module information;
• Qualcom or any type of electronic control (ECM) information (if any);
• Investigation report or photographs;
• Defendant truck driver personnel records;
• Equipment lease information (a copy of the lease);
• Copy of trip lease or permanent lease applicable to tractor-trailer;
• Title and Registration for the involved tractor-trailer;
• Maintenance records for six months prior to loss for the subject vehicle;
• Pay stubs for insured driver;
• Weight tickets for seven days prior to loss;
• Police Report and reports of all responding investigating agencies;
• Report from all first responders;
• Post-accident alcohol/drug test results;
• Potential claimant information;
• Witness statements/interviews;
• Photographs of the involved vehicles; and,
• Local newspaper articles.

             It is also important to have a qualified accident reconstructionist “make the scene” as soon as possible to identify and document the physical evidence which may be available.  The accident reconstructionist should be a mechanical engineer or have a similar educational background. Within days or even hours, physical evidence at the scene of an accident may be lost and vehicles involved in the accident may become unavailable. The accident reconstructionist should inspect all the vehicles involved to determine paint transfers, crush evidence, lighting issues, visibility issues, electronic data which may be available and to determine any safety violations on the truck.  The accident reconstructionist will prepare a documentation of evidence report which can be used in any ensuing litigation.

             It is also important for the truck driver and trucking company to have legal representation after a serious truck accident.  He or she may face criminal liability.  The trucking company may also face legal challenges.

             Alexander & Angelas, P.C., devotes a great deal of its practice to representing defendants in catastrophic trucking and automobile negligence cases.  We have handled very complex, high severity claims for numerous national corporations and insurers.  Recent cases have involved double amputations, multi-million dollar insurance coverage disputes and wrongful death actions. We practice in all State and Federal Courts in Michigan and maintain an active membership with the Trucking Industry Defense Association (TIDA), and Michigan Defense Trial Counsel.  For the past 20 years, we have been listed in the A.M. Best Directory of Approved Insurance Defense Attorneys. 

             Alexander & Angelas, P.C. also maintains a 24 Hour Emergency Response service. The law firm is associated with several independent adjusters positioned throughout Michigan, mechanical engineers who can arrive at an accident scene in Michigan within hours, civil evidence photographers and other qualified and appropriate first-responders.  In a catastrophic emergency situation, your company can activate our 24 Hour Emergency Response by calling the following telephone numbers:                      

Office:             (248)  290-5600  or  (800)  219-0007

Home:             (248)  924-3285       

Cell:                (248)  330-5584  or  (248) 808-0560

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Hide Sites

            The trucking industry has made great strides in protecting the public against major truck accidents. Safety standards are continuously reviewed.  Trucking companies realize the importance of having very strong safety programs and often have dedicated management personnel in place to promote trucking safety.  Trucking equipment and technology continues to improve.  Industry trade organizations such as the Trucking Industry Defense Association have been formed with the goal of promoting trucking safety and raising awareness among industry leaders.

             Contrary to the public’s perception, the trucking industry goes to great strides to prevent serious truck accidents.  Many truck accidents are highly defensible because they are not the result of any negligence on the part of the truck driver or his company.  Therefore, when a major truck accident occurs it is important to have a 24 Hour Emergency Response plan in place. A truck accident defense in a major accident must be initiated almost immediately after an accident occurs.

             All truck companies should have a designated “on call” member of management available during all hours of trucking operations to handle a major truck accident investigation.  This trucking company representative should have available a truck accident defense lawyer in each jurisdiction where the company does business.  The company should also contact its insurance carrier immediately after a serious accident occurs. 

             The information which needs to be obtained immediately after a crash includes:  exact location of the accident, name of the investigating law enforcement agency and/or officer in charge, description of personal injuries involved and number of injured individuals, and description of how the accident occurred. An early investigation should identify any witnesses by name and contact information.

             As part of any 24 Hour Emergency Response, the response team should try to secure the following additional information and/or undertake the following efforts:

• Driver’s log;
• Trip manifest;
• Post-accident drug/alcohol testing;
• Electronic control module information;
• Qualcom or any type of electronic control (ECM) information (if any);
• Investigation report or photographs;
• Defendant truck driver personnel records;
• Equipment lease information (a copy of the lease);
• Copy of trip lease or permanent lease applicable to tractor-trailer;
• Title and Registration for the involved tractor-trailer;
• Maintenance records for six months prior to loss for the subject vehicle;
• Pay stubs for insured driver;
• Weight tickets for seven days prior to loss;
• Police Report and reports of all responding investigating agencies;
• Report from all first responders;
• Post-accident alcohol/drug test results;
• Potential claimant information;
• Witness statements/interviews;
• Photographs of the involved vehicles; and,
• Local newspaper articles.

             It is also important to have a qualified accident reconstructionist “make the scene” as soon as possible to identify and document the physical evidence which may be available.  The accident reconstructionist should be a mechanical engineer or have a similar educational background. Within days or even hours, physical evidence at the scene of an accident may be lost and vehicles involved in the accident may become unavailable. The accident reconstructionist should inspect all the vehicles involved to determine paint transfers, crush evidence, lighting issues, visibility issues, electronic data which may be available and to determine any safety violations on the truck.  The accident reconstructionist will prepare a documentation of evidence report which can be used in any ensuing litigation.

             It is also important for the truck driver and trucking company to have legal representation after a serious truck accident.  He or she may face criminal liability.  The trucking company may also face legal challenges.

             Alexander & Angelas, P.C., devotes a great deal of its practice to representing defendants in catastrophic trucking and automobile negligence cases.  We have handled very complex, high severity claims for numerous national corporations and insurers.  Recent cases have involved double amputations, multi-million dollar insurance coverage disputes and wrongful death actions. We practice in all State and Federal Courts in Michigan and maintain an active membership with the Trucking Industry Defense Association (TIDA), and Michigan Defense Trial Counsel.  For the past 20 years, we have been listed in the A.M. Best Directory of Approved Insurance Defense Attorneys. 

             Alexander & Angelas, P.C. also maintains a 24 Hour Emergency Response service. The law firm is associated with several independent adjusters positioned throughout Michigan, mechanical engineers who can arrive at an accident scene in Michigan within hours, civil evidence photographers and other qualified and appropriate first-responders.  In a catastrophic emergency situation, your company can activate our 24 Hour Emergency Response by calling the following telephone numbers:                   

Office:             (248)  290-5600  or  (800)  219-0007

Home:             (248)  924-3285       

Cell:                (248)  330-5584  or  (248) 808-0560

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Ever since the Michigan Supreme Court decided the landmark case of Stokes v Chrysler, the work comp world has been set upside down by new procedures and uncertainty.  This has added to the legal expense of defending work comp cases.

In Stokes, the Court determined that a claimant must not only prove a work related “injury,” but must also establish that the injury has resulted in a diminution of wage earning capacity given the claimant’s training, education and experience. Once the claimant has made his/her case in court, the defendant/employer must refute the allegations.

For the plaintiff to prove his/her case there must now be the additional showing that given his/her injury and taking into account his/her education, training and experience, that no suitable jobs exist.  Thus, plaintiffs now present proofs at trial including “job application logs” detailing how many jobs the claimant has sought and the response to each job inquiry.  Given Michigan’s tough economy, finding a suitable job is difficult for even the most able bodied and qualified individuals, let alone an applicant with physical limitations.

Plaintiffs also frequently retain vocational experts who perform a “Stokes Evaluation.”  These opinions invariably conclude that no suitable jobs exist for a claimant given his/her physical condition, training, education and experience.

Defendants/employers have similarly had to incur the expense of a vocational expert who analyzes a claimant’s physical limitations, education, training and experience.  The vocational experts (both for plaintiff and defendant) perform a “transferrable skills” analysis based on this information.  The transferrable skills are then applied to the universe of available jobs.

Alexander & Angelas, P.C. devotes a significant part of its law practice to the handling of worker’s compensation cases.  Peter A. Angelas, Esq. has lectured on the topic of workers compensation and represents many large, national corporations and insurers.  He has also handled some very significant cases on behalf of injured claimants including one case which settled for $1.4 million in 2007.  Mr. Angelas has practiced throughout the state of Michigan and enjoys the respect and credibility of his clients, opposing attorneys, and magistrates. He can be contacted by calling (248)290-5600 or toll free (800) 219-0007

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             Michigan continues to be a very conservative jurisdiction when it comes to automobile negligence litigation.  Ever since Michigan enacted its No Fault Law in 1982, the state has required a “serious impairment,” death or serious permanent disfigurement for a claimant to be able to meet the tort threshold for maintaining a third-party personal injury case. An injury must also be objectively manifested and result in an impairment of the claimant’s ordinary lifestyle.  

             Recently the Michigan Court of Appeals decided the case of Plaggemeyer v Lee.  The Court affirmed the summary dismissal of the plaintiff’s case by the Trial Court.  In this case the plaintiff (a young boy) had a fractured femur and had to use a walker to ambulate.  He then had to use crutches.  The Trial Court and Court of Appeals determined that this injury did not meet the serious impairment threshold. The Court determined that the boy’s broken femur had not affected his general ability to lead a normal life because the boy could still walk, albeit with a walker and crutches.

             This case illustrates the very hard bar that a claimant must reach before being allowed to get a case to the jury.  Adjusters handling these types of cases need to be familiar with the ever changing case law in this area.

Alexander & Angelas, P.C. devotes a great deal of its practice to representing defendants in catastrophic trucking and automobile negligence cases.  We have handled very complex, high severity claims for numerous national corporations and insurers.  Recent cases have involved double amputations, multi-million dollar insurance coverage disputes and wrongful death actions. We practice in all State and Federal Courts in Michigan and maintain an active membership with the Trucking Industry Defense Association (TIDA), and Michigan Defense Trial Counsel.  For the past 20 years, we have been listed in the A.M. Best Directory of Approved Insurance Defense Attorneys. 

Alexander & Angelas, P.C. also maintains a 24 Hour Emergency Response service. The law firm is associated with several independent adjusters positioned throughout Michigan, mechanical engineers who can arrive at an accident scene in Michigan within hours, civil evidence photographers and other qualified and appropriate first-responders.  In a catastrophic emergency situation, your company can activate our 24 Hour Emergency Response by calling the following telephone numbers:                   

Office:             (248)  290-5600  or  (800)  219-0007

Home:             (248)  924-3285       

Cell:                (248)  330-5584  or  (248) 808-0560

Alexander & Angelas, P.C. was founded in 1992 and adheres to the principles of providing comprehensive, efficient, cost-effective handling of litigated matters.  We practice in all State and Federal Courts in Michigan and offer a wide range of legal services including general liability matters, Workers Compensation, property/casualty claims, declaratory actions, contract negotiations, transportation claims and insurance coverage disputes.

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The importance of having an emergency plan in place before a trucking accident was emphasized recently for a large national corporation. Shortly after a serious non-fatal trucking accident this company contacted its counsel and activated Alexander & Angelas’ 24 Hour Emergency Response services. Within minutes of the accident the law firm’s 24 Hour Emergency Response services were swung into action.  The law firm responded with a crash reconstructionist, counseled the company truck driver, investigated the scene of the accident to identify any potential witnesses, initiated the necessary regulatory post accident actions, secured electronic data and identified potential claimants.

The foresight of the trucking company and the speedy response to the accident scene utilizing Alexander & Angelas’ 24 Hour Emergency Response services will greatly benefit the trucking company should the accident result in civil litigation.  The company is now able to know the identities of the potential claimants and the severity of their personal injuries.  The trucking company also has prepared a documentation of evidence which can be utilized in any ensuing lawsuit. 

Every day trucking companies are involved in trucking accidents.  The accidents occur in all parts of the country.  Wise trucking company representatives have an emergency response plan in place.  As part of an appropriate emergency plan, trucking companies should have legal counsel in place in each jurisdiction where they operate.  Alternatively, a prudent motor carrier should have a reliable source that can refer the company to good a good transportation attorney.

A good transportation attorney should be affiliated with the Trucking Industry Defense Association (TIDA). This trade organization is comprised of trucking company representatives, attorneys and dedicated members of the insurance industry.  The stated purpose of TIDA is to provide education and promote safety amongst its trucking industry members. Attorneys who actively participate with TIDA attend annual educational conferences devoted to trucking safety and transportation litigation. The seminars invariably address the special challenges faced by defense counsel for the handling of truck accident lawsuits. Insurance defense attorneys who attend these conferences learn techniques which are unique to the handling of a trucking accident lawsuit.  These techniques include early case resolution, pre-suit investigation issues, post-accident regulatory obligations for a trucking company and other relevant topics.

The key to being prepared is to have a 24 Hour Emergency Response Plan in place before a trucking accident occurs.

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