Truck Accident Defense Attorney

Posts Tagged ‘personal injury case’

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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            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 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

Bookmark It

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