Anthony Kostello recently obtained summary disposition in favor of his client. The matter involved a wrongful death action arising out of the death of Plaintiff’s decedent, who was killed when he exited the basket of a man lift without using appropriate fall protection. At the time of his death, the decedent was on the job performing welding work. Plaintiff brought this action against the decedent’s employer and its subsidiaries. In his Motion for Summary Disposition, Mr. Kostello successfully argued that because the death occurred in the course of the decedent’s employment, the Worker’s Disability Compensation Act provided the exclusive remedy, absent a showing of intentional conduct on the part of the employer and its subsidiaries. The Court agreed, dismissing Plaintiff’s claims in their entirety.

Ashley Slaght was successful in obtaining Plaintiff’s voluntarily dismissal of its suit following filing a motion for summary disposition arguing Plaintiff’s claims were extinguished based on the dismissal with prejudice of the underlying claimant’s claims.

Desilva v Relerford, Lowe and Lowe

Sajid Islam successfully obtained summary disposition of Plaintiff’s claim for third-party damages against his clients. Sajid prepared, filed and argued a Motion for Summary Disposition arguing that there was no genuine issue of material fact that Plaintiff had not sustained a serious impairment of an important body function as a result of the motor vehicle accident at issue. Specifically, it was argued that there was no evidence to suggest that Plaintiff had suffered an objectively manifested impairment, and that Plaintiff’s own treating physicians noted no injury associated with the motor vehicle accident. It was further argued that Plaintiff failed to rebut his Motion for Summary Disposition as required under MCR 2.116(C)(10). Ultimately, the Court granted Sajid’s Motion for Summary Disposition, dismissing Plaintiff’s claims against all three of his clients with prejudice.

Vandeveer Garzia is pleased to announce and congratulates the following Associate Attorneys who have been elevated to Partner: Brian V. Boehne, Matthew J. Chapin, Armin Halilovic, David Q. Houbeck, April N. Malak, Maxwell P. Sanders and Ashley A. Slaght.

In the spirit of giving, the attorneys and staff of Vandeveer Garzia celebrated the 2019 holiday season by electing to adopt two local families in need. The outpouring of support provided the families with essential household items as well as gifts to allow the children to experience the spirit of Christmas. Together with their families, attorneys Deborah Bricely, James Hicks, Massimo Badalamenti, Michelle Everett, Kristine Rizzo and Anthony Kostello delivered the gifts.

Jarfar v Al-Hanoka

Guy Silvasi recently obtained a dismissal with prejudice of a third party no-fault lawsuit filed in the Macomb County Circuit Court. The plaintiffs in the case, a husband and wife, claimed that they were both injured when their minivan collided with another motor vehicle operated by our client, the defendant. However, our client insisted that the husband was not in the minivan at the time of the collision, and that, in fact, the husband arrived at the accident scene several minutes later in a different motor vehicle.

Extensive discovery uncovered a mountain of evidence that rebutted the plaintiffs’ assertion that they were both in the minivan at the time of the accident. Dashcam footage from the investigating officer’s squad car showed three motor vehicles parked next to each other: the minivan, our client’s motor vehicle, and a motor vehicle matching the description of the husband’s motor vehicle. Furthermore, both plaintiffs lived less than one mile from the accident scene. Cellular phone records demonstrated that the wife placed several calls to her husband around the time of the accident. The phone records also revealed that the husband placed a call to our client shortly thereafter. Although the plaintiffs attempted to claim that the husband left his cell phone at home, this claim was rebutted by the dashcam footage that clearly showed the husband reaching into his pocket for his cell phone and placing a call to our client from the accident scene.

This matter was extensively briefed and argued before Judge Michael Servitto, who examined the evidence, and determined that the plaintiffs’ behavior amounted to fraud. Judge Servitto voided the plaintiffs’ policy of insurance, thereby barring the plaintiffs’ third party no-fault claims as a matter of law.

Gjok Pepaj v Allstate Insurance Company

Guy Silvasi successfully briefed and argued a Motion for Summary Disposition in a second generation no-fault lawsuit brought against Allstate Insurance Company. The Motion was argued before Judge Peter Maceroni in the Macomb County Circuit Court. Plaintiff claimed that he continued to incur medical expenses and required attendant care in connection with a 2014 motor vehicle accident. However, plaintiff’s attendant care claim was rebuffed by surveillance that was performed over the course of several days. Additionally, the Motion argued that plaintiff failed to provide reasonable proof to support his claims for attendant care and medical expenses within the meaning of the No-Fault Act. The Court agreed, and dismissed plaintiff’s entire no-fault claim against Allstate with prejudice.

Ashley Slaght was successful in obtaining the dismissal of Plaintiff service provider’s claims following the sole member and manager’s failure to appear for an evidentiary hearing. Plaintiff brought suit for benefits in excess of $100k.

Congratulations to Roger A. Smith (Civil Litigation – Defense), William L. Kiriazis (Construction Litigation) and David B. Timmis (Business Litigation) for their selection as 2019 Michigan Super Lawyers. Super Lawyers are selected by an independent research and peer evaluation process sponsored by Super Lawyers Magazine. Only 5% of attorneys in Michigan are selected to Super Lawyers. Congratulations to Brian Boehne who has been selected as a 2019 Michigan Rising Star by Super Lawyers Magazine. This is an exclusive list, recognizing no more than 2.5 percent of attorneys in Michigan.

Kirk, et al. v. Allstate Insurance Company

Sajid Islam obtained summary disposition of Plaintiffs’ claims against his client, Allstate Insurance Company, in a lawsuit filed by Plaintiffs in which they alleged that a portion of their home collapsed suddenly and without warning. Sajid drafted a Motion for Summary Disposition arguing that there was no genuine issue of material fact that the collapse that occurred was caused by several years of long-term water exposure, rust, corrosion, wear and tear, deterioration and failure to maintain. Additionally, Sajid argued that Plaintiffs had made a claim with a separate insurance carrier several years prior to the instant claim for similar damage to their property, further demonstrating the long-term nature of the damage. Ultimately, the Court dispensed with oral arguments and granted Sajid’s Motion finding that there was no genuine issue of material fact that the collapse did not occur suddenly and without warning.