Supreme Court Denies Application For Leave To Appeal Of Summary Disposition Obtained By Michael F. Schmidt In Multi-Vehicle Auto Accident Case

David W. Allard, as Trustee of the Bankruptcy Estate of Laura J. Wilamowski v Joseph A. Sova, Clarkston Steel, Inc., State Farm Mutual Automobile Insurance Company, Conrad C. Wilamowski and Mirash Bojaj, Supreme Court Docket Number 141844 and 141862, the Supreme Court denied the plaintiffs’ Application for Leave to Appeal from the Court of Appeals affirmation of summary disposition we obtained in the trial court for defendants Joseph Sova and Clarkston Steel. The plaintiff brought suit against multiple defendants alleging injuries incurred in a multiple-vehicle auto accident. The plaintiff claimed that she had a lumbar laminectomy and total and permanent disability from prior cervical fusions as a result of the accident. The plaintiff claimed that Sova was negligent by failing to stop his truck and having to go on the shoulder to avoid a rearend accident. We argued that defendants, Sova and Clarkston Steel, had no liability and that Sova’s truck was knocked into the median by another vehicle. We further argued that there was no basis to argue that any actions of Sova could have proximately caused any injury to the plaintiff. The plaintiff was an occupant in a vehicle on the opposite side of M—59 which allegedly had to change lanes to avoid a potential accident with the Sova truck, which the plaintiff claimed was coming toward the plaintiff’s lane. The trial court granted summary disposition holding that there was no negligence on the part of Sova and Clarkston Steel. The Court of Appeals affirmed summary disposition holding that the alleged evasive maneuver by the plaintiff’s vehicle was unremarkable and could not be proximately caused by the negligence of the defendants. The Supreme Court has now denied the Application for Leave to Appeal which ends this case