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Michael F. Schmidt Obtains Summary Disposition On Premises Claim

Mikulenas v Cedar Mill Lounge, Inc., et al, Genesee County Circuit Court, claim by plaintiff Ashley Mikulenas that she was injured when a Michigan Bureau of State Lottery television fell or was knocked from its position and struck her. Following discovery including depositions of the plaintiff and representatives of the defendants, we filed a motion for summary disposition on behalf of Cedar Mill Lounge arguing that Cedar Mill Lounge had no liability because the television monitor was owned, maintained and installed by the State of Michigan, that Cedar Mill Lounge had no notice of any defect or problem with how the television set was installed, that Cedar Mill Lounge was not in possession or control of the television set and that the plaintiff had no proof beyond speculation and conjecture as to how the incident occurred. The trial court granted our motion and dismissed all claims against the defendant Cedar Mill Lounge.