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ANNE MCARDLE AND JOSEPH BAES WIN PARTIAL SUMMARY DISPOSITION IN $400,000 PROPERTY DAMAGE CASE

Rodger Spencer vs Yankee Construction, was a large property loss damage action between the property owner, and Defendants, tenants who occupied a portion of Plaintiff’s property for over a decade, pursuant to an oral agreement between the parties. In exchange for using a portion of the property for business purposes, […]

MIKE GUSS AND JOSEPH BAES OBTAIN SUMMARY DISPOSITION IN ALLERGIC FOOD REACTION CASE

In Joshua Blackburn vs Whitey’s Restaurant, Inc., Genesee County Circuit Court, Plaintiff alleging that while eating at Defendant’s restaurant, he consumed food that was contaminated by shellfish, claiming that he warned staff of a shellfish allergy when ordering. The Plaintiff had actually ordered a bivalve “shellfish” and baked cod.  Relying […]

BILL RIVARD AND JEFF SCHULTZ OBTAIN SUMMARY DISPOSITION IN AUTOMOBILE NEGLIGENCE CASE

Earlene Love v. Ashton Masar, Genesee County Circuit Court. The plaintiff filed an automobile negligence lawsuit against our client, alleging that she sustained serious injuries as the result of a motor vehicle accident. We moved for summary disposition, arguing that the plaintiff had failed to demonstrate a serious impairment which […]

ANNE V. McARDLE OBTAINS SUMMARY DISPOSITION IN DECLARATORY ACTION SEEKING A DETERMINATION OF COVERAGE AND PRIORITY FOR PIP AND UM/UIM BENEFITS

Home-Owners Insurance Company and Wolverine Mutual Insurance Company v State Auto Insurance Company, Oakland County Circuit Court, Hon. Phyllis C. McMillen, case no. 2020-185113-CZ.  Home-Owners and Wolverine provided automobile insurance coverage to their insureds, Mary and David Mourer.  On August 21, 2020, at 3:30 p.m. the Mourer’s were operating a […]

MICHAEL F. SCHMIDT OBTAINS SUMMARY DISPOSITION ON MOTION FOR REHEARING

AMCO Insurance Company vs. Westborn Chrysler Jeep, Inc., Wayne County Circuit Court. We filed suit on behalf of AMCO Insurance Company against Westborn Chrysler Jeep, Inc. to enforce the Transfer of Rights of Recovery Condition of the insurance policy.  An underlying suit was filed by TD Auto Finance against Westborn […]

MICHAEL F. SCHMIDT OBTAINS REVERSAL BY MICHIGAN COURT OF APPEALS OF TRIAL COURT ORDER DENYING MOTION FOR SUMMARY DISPOSITION FOR CONTRACTUAL INDEMNITY

George Krawczynski v Dunigan Bros Inc and Blu A. Brodock et al., Michigan Court of Appeals Docket No. 344965 (2021) on appeal from Branch Circuit Court.  The plaintiff George Krawczynski filed suit against Dunigan Bros Inc and its employee Blu A. Brodock and Michigan Paving and Materials Company alleging injuries […]

MICHAEL F. SCHMIDT OBTAINED SUMMARY DISPOSITION IN $560,000 CONSTRUCTION PROPERTY DAMAGE CLAIM

Factory Mutual Insurance Company d/b/a FM Global Insurance Company, subrogee of Oakland University, v The Christman Company and Site Development, Inc., Oakland County Circuit Court.  The plaintiff Factory Mutual filed suit to recover $560,839 alleged damages from an alleged water intrusion event during a renovation project of the Oakland Center […]

WILLIAM RIVARD AND MERIAM CHOULAGH OBTAIN SUMMARY DISPOSITION ON MEDICAL PROVIDER CLAIM

VHS of Michigan, Inc. d/b/a Detroit Medical Center v. Pioneer State Mutual Insurance Company, et al., Wayne Circuit Court Case No. 21-004751-NI — Plaintiff/provider filled suit against our client, Pioneer State Mutual Insurance Company, seeking recovery for medical services provided to underlying claimant arising out of a motor vehicle accident.  […]

MIKE GUSS AND JOE BAES WIN SUMMARY DISPOSITION IN WRONGFUL DEATH PREMISES CASE

Copeland v 5377 and 5391 Corunna Road, Genesee Circuit Court No. 20-114058-NO. This case was brought on behalf of an 84-year-old decedent resulting from a trip and fall on a staircase at a medical office building.  The elderly plaintiff, assisted by his son-in-law went to his primary care physician with […]

David B. Roth Obtains Summary Disposition of Claim for Uninsured/Underinsured Motorist Coverage Where Plaintiff Was Involved in Serious Motorcycle Accident

Thomas Watson v. Home-Owners Insurance Company, et. al., Lapeer County Circuit Court Case No. 21-054361-NI. (July 22, 2021) In this case, the plaintiff was operating his motorcycle on Lake Nepessing Road in Lapeer when he was involved in a motor vehicle accident, which he claims was caused by the other […]