Truck Accident Defense Attorney

Posts Tagged ‘michigan’

Michigan continues to be a very conservative jurisdiction when it comes to premises liability cases.  For years, almost any slip and fall or trip and fall resulting in a personal injury resulted in the filing of a lawsuit and the payment of personal injury damages by the landowner.  However, during the recent decade Michigan saw a body of case law which dictated that almost any open and obvious defect was a complete bar to a personal injury resulting from a trip or slip and fall.  There were exceptions of course, such as where there were “special circumstances” or the danger presented was so severe that the open and obvious defense was not enforced; but overall the Courts and defense attorneys have seen a significant decrease in premises liability cases.

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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             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.

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Automobile Negligence; No-Fault; Michigan

             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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Grand Rapids Truck Accident -24 Hour Emergency Response

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.

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