Tony McEachern and Samantha Boyd prevail on their Motion for Summary Disposition
Colonel Lee v Sandra Guiles v The Lange Agency, LLC
Tony McEachern and Samantha Boyd represented Third-Party Defendant, The Lange Agency, an Allstate Insurance Agency in a lawsuit pending in Genesee County. The Third-Party Plaintiff claimed that our client was negligent in failing to provide coverage for a vehicle that was involved in a motor vehicle accident. The Third-Party Plaintiff claimed that she had the vehicle taken out of storage and had instructed The Lange Agency to have the vehicle covered under a policy she alleged was still active. In discovery, we were able to proof that the Third-Party Plaintiff had placed the car in storage and never had it covered again under an Allstate policy. We obtained email communications, phone records, information on how customer communications were stored, as well as Affidavits from the agency employees that dealt with the Third-Party Plaintiff confirming she never had the car taken out of storage and in fact admitted in an email she was driving it without insurance.
Samantha Boyd prepared a Motion for Summary Disposition which was argued before Judge Judith Fullerton by Tony McEachern. At the motion hearing, Tony also argued that Plaintiff had violated the Michigan Court Rules by failing to file a proper Response in Opposition along with supportive affidavits under MCR 2.116 and 2.119. Judge Fullerton granted our Motion for Summary Disposition dismissing the claim against our client with prejudice.
William L. Kiriazis and Adam K. Gordon obtain summary disposition in $10 million construction case
Metro Hospital v Premier Caulking, Inc.
Bill Kiriazis and Adam Gordon successfully defended a $10 million construction lawsuit by obtaining a summary disposition from Judge Christopher P. Yates in Kent County Circuit Court. Our client, Premier Caulking, Inc., completed certain construction work on the hospital construction project in 2008 which included interior and exterior window caulking. According to Plaintiff’s Complaint, subsequent to completion of the construction project, the windows began to leak causing substantial damage to the building itself as well as contents within the building. Suit was filed by Metro Hospital in March 2017 against Premier Caulking, Inc. and four other parties. Plaintiff alleged gross negligence, breach of implied warranty, fraudulent misrepresentation, breach of third party beneficiary, silent fraud and fraudulent concealment and civil conspiracy. On April 6, 2018, in a lengthy and well-reasoned Opinion and Order, Judge Yates granted summary disposition as to four of the five Defendants including Premier Caulking, Inc., on the basis that the claims were time-barred by the applicable statutes of limitation for each claim and the Statute of Repose, MCL 600.5839.
Vandeveer Garzia employees volunteer at Gleaners Community Food Bank
On Saturday, April 7, 2018, a group of Vandeveer Garzia employees and their family and friends volunteered for the afternoon at Gleaners Community Food Bank/Pontiac Distribution Center in Pontiac, Michigan. The group sorted 9,000 pounds of donated food and personal care items, including: canned goods, dry goods, beverages, snacks, pet care/food, clothing, and personal hygiene products. In addition to sorting the food and other items, each item had to be inspected to make sure the packaging was still sealed. The expiration date on each item was also checked to make sure that the product had not expired. These items will be distributed to various food pantries and will benefit over 7,200 individuals in the community.
Adam Gordon and Ashley Slaght prevail in defending a civil complaint alleging assault and battery.
Muhammad v Moore.
Adam Gordon and Ashley Slaght obtained a summary disposition on a wrongful death claim in Kent County Circuit Court in a claim alleging an assault and battery by our client. In addition to a summary disposition, they were successful in obtaining sanctions against the Plaintiff’s estate and its counsel. The case arose out of a social outing between co-workers at Muskegon Lake. While boating, one of the co-workers drowned while attempting to swim back to the boat. Plaintiff’s decedent was a member of the Nation of Islam and his death was immediately investigated by representatives of the Nation. It was argued that representatives of the Nation of Islam tried to direct the official investigation in such a manner as to cast blame on decedent’s co-workers. Despite the fact that two independent forensic examiners determined that the decedent had died from an accidental drowning, the estate hired experts to opine that the injuries suffered by the decedent were caused by a blunt force impact by one, some, or all of the co-workers working in concert. Plaintiff’s estate then brought claims against the seven co-workers alleging assault and battery and wanton and willful misconduct. During more than a year of extensive discovery, more than 40 depositions were taken and more than 100 motions were filed by the various parties. Chris Hildebrandt assisted in writing the motion for summary disposition which was argued before Judge Joseph Rossi by Adam Gordon. Judge Rossi granted the motion dismissing all claims by plaintiff against all of the defendants. We also filed a motion for sanctions arguing that the Plaintiff estate had not filed the claim in good faith. Judge Rossi granted the motion and awarded sanctions against the Plaintiff estate and its attorneys in the amount of $379,693.
Summary Disposition for Defendants
Fritz v Millennia Housing Management, Ltd.
William Kiriazis and Jeffrey Murray received a summary disposition from Judge James Maceroni in a case pending in the Macomb County Circuit Court. Bill and Jeff represented a landlord and management company who were sued by a resident after having been allegedly sexually assaulted by another resident in an elevator of the apartment building. In a written Opinion citing Bailey v Schaaf, 494 Mich 595 (2013), Judge Maceroni ruled that the defendant landlord and management company owed no duty to plaintiff to anticipate and prevent the criminal acts of a third party and that the defendants’ duty was limited to “reasonably expediting the involvement of the police.”
Dismissal of lawsuit by Plaintiff
Bell v Citizens
Alicia Siefer LaBeau, Sarah Gordon and Andrew Barrett recently filed a Motion for Summary Disposition on a case in which Plaintiff was claiming entitlement to first-party No Fault benefits and uninsured motorist benefits. The Motion for Summary Disposition sought to dismiss Plaintiff’s claim for first-party benefits because the defendant insurer was not in order of priority pursuant to MCL 500.3114. Further, it was requested that the uninsured motorist claim be dismissed on the basis that the plaintiff was not an insured based on the terms and definitions as set forth in the uninsured motorist policy, and therefore, coverage did not extend to the subject loss. Ultimately, upon reviewing the Motion for Summary Disposition, plaintiff acquiesced and agreed to dismiss his claims as to our defendant in their entirety.
Attorney Deb Bricely was deployed as part of the National Disaster Medical System to provide support to the State of the Union, a National Special Security Event. She trained all day Monday, January 29, and then, as one of the health medical task forces, went through intense screening and security. Her health medical task force was in place in the Capitol during the State of Union Address and remained in the building until all occupants, including the President, had exited the building later that evening. As she was going through screening in the Hubert Humphry building on Monday, Alex Azar, the newly appointed Secretary of Health and Human Services, shook her hand. In addition to being an attorney, Deb is a Registered Nurse.
Vandeveer Garzia is pleased to announce the addition of two experienced trial attorneys, Roger A. Smith and Beth A. Andrews. Roger previously worked at Garan Lucow Miller, P.C. where for several decades he successfully litigated just about every type of tort action including municipal liability, general negligence, dram shop, construction, Section 1983, product liability and automobile negligence. Beth also worked at Garan Lucow for several decades primarily handling insurance defense law, litigating a wide range of tort and insurance coverage issues encompassing general negligence, construction, premises liability, municipal, Section 1983, product liability and automobile negligence.
Partial Summary Disposition for our client
Williams v Allstate
Armin Halilovic and Matt Chapin successfully obtained a Partial Summary Disposition in Wayne County Circuit Court. In representing a no-fault insurer in a consolidated action, they filed and argued a Motion for Partial Summary Disposition relative to Plaintiffs’ claims for attendant care and replacement services. Based on testimony stating there was no expectation of payment, and arguing there was a lack of reasonable proof, the court granted the Motion for Partial Summary Disposition. In winning this Motion, Armin and Matt were able to minimize potential liability.
Vandeveer Garzia received a Certificate of Appreciation from the National Disaster Medical System signed by the Acting Director, thanking our law firm for affording Deborah Bricely the opportunity to deploy in support of Hurricane Harvey and Hurricane Maria. Deborah Bricely, an associate attorney with the firm is also a registered nurse. As part a Disaster Medical Assistance Team she spent two weeks helping provide care in a field hospital the team set up inside the George R. Brown convention center which housed 10,000 storm evacuees in Houston. In Puerto Rico, she and the team had to be transported via Black Hawk helicopters to an area with no water or electricity. They helped inside the damaged hospital and set up a MASH like field hospital outside as well as provided outreach strike teams to outlying devastated areas.
Karolina McGovern joined our firm as an Associate Attorney. Her practice focuses on defense litigation in the areas of first and third-party automobile negligence and premises liability. She is a graduate of the University of Detroit Mercy School of Law.