Adam Gordon, Peter O’Toole and Ashley Slaght obtained a no-cause jury verdict in a Macomb County Circuit Court matter wherein Plaintiff brought suit for recovery of Uninsured as well as Underinsured Motorist Benefits. The trial lasted approximately three weeks. Counsel for Defendant presented proofs in support of their argument that Plaintiff was precluded from recovering UM/UIM benefits on the basis that Plaintiff had committed fraud. Following the no-cause jury verdict, Defendant sought to recover costs and attorneys fee. The parties thereafter reached a resolution wherein Plaintiff agreed to pay Defendant $107,717.73.

Merit Network, Inc. v AMcomm Telecommunications, Inc.

David Timmis and David Houbeck obtained summary disposition with prejudice on behalf of their client, a successful and distinguished telecommunications company, in a lawsuit in which the Plaintiff alleged $12 million dollars in damages related to the construction of thousands of miles of fiber-optic cable across northern Michigan. The Plaintiff alleged that the outdoor construction of aerial and underground fiber optic cable performed by the Defendant was defective.

Mr. Timmis and Mr. Houbeck successfully argued that the Defendant’s installation of the fiber optic network was exemplary, as evidenced by the fact that the Plaintiff had inspected, approved and paid for the work. The Plaintiff also monitored the telecommunications network for years but did not set forth any criticisms of the Defendant’s workmanship.

Mr. Timmis and Mr. Houbeck also successfully argued that the parties’ contract included a limitation of action provision which prohibited the Plaintiff from alleging defective workmanship approximately five years after construction, including after the fiber optic cable and equipment had been subjected to the extreme weather conditions of Northern Michigan for more than five years. Further, since it is common in the telecommunications industry for other utility companies to move and rearrange existing equipment on utility poles, a limitation of action provision is an industry standard. Ultimately, the Court was persuaded by the arguments set forth on behalf of the Defendant and dismissed the Plaintiff’s claims in their entirety.

Star Pain Management v Encompass

Sajid Islam and Kristine Rizzo obtained partial summary disposition in district court as it relates to a claim brought against their client for No-Fault benefits pertaining to the dispensing of durable medical equipment. Sajid drafted a Motion for Partial Summary Disposition arguing that Plaintiff was not entitled to No-Fault benefits for durable medical equipment that it dispensed to a patient as the dispensing of durable medical equipment was not lawfully rendered under the No-Fault Act. Specifically, after conducting discovery, Sajid argued that Plaintiff was not licensed to dispense durable medical equipment. Kristine appeared for oral arguments on the Motion, and successfully persuaded the Judge that summary disposition as to the claims involving durable medical equipment was appropriate.

Ashley Slaght obtained voluntary dismissal of Plaintiff’s first-party No-Fault benefits claim following filing a Motion for Summary Disposition arguing the policy was rescinded for fraudulent statements made by the Plaintiff/insured. Ashley Slaght was also successful in obtaining the voluntary dismissal of an intervening plaintiff service provider as well as an additional service provider that wished to intervene.

Faller v. Yamato Corporation and Kroger Co. of Michigan

Tim Connaughton and Armin Halilovic successfully defended a claim by plaintiff, Michelle Faller, filed in the Macomb County Circuit Court before Judge Jennifer Faunce. The case arose out of an incident that occurred on March 12, 2017 at a Kroger grocery store located in Roseville, Michigan. As the plaintiff pushed her grocery cart through the produce aisle of the store, her right hand came into contact with the base of a produce scale. Plaintiff alleged that she cut her right hand on the base of the scale. Plaintiff asserted a premises liability claim against Kroger and a product liability claim against our client, the manufacturer of the scale, Yamato Corporation. In our Motion for Summary Disposition, we argued that plaintiff’s claims against Yamato Corporation should be dismissed because (1) the scale was not negligently designed; (2) the scale was not unreasonably dangerous and therefore Yamato Corporation did not have a duty to warn; (3) the scale was open and obvious and therefore Yamato Corporation did not have a duty to warn; and (4) Yamato Corporation did not breach any implied or express warranties. On July 8, 2019, Judge Faunce granted our motion on the open and obvious issue and dismissed the case without deciding any of the other issues.

Lucas v Gillin

Sarah Gordon, Brian Boehne, and Dena Auraha obtained summary disposition, with prejudice, on behalf of their client, a Defendant in an automobile negligence action where Plaintiff claimed severe injuries when struck by Defendant’s car while riding a bicycle. Discovery revealed that Plaintiff was intoxicated and lacked independent recollection of the accident. An independent witness and the responding police officer corroborated Defendant’s recollection that he had a green light and had no opportunity to stop before striking the bicyclist who proceeded through a red light. A toxicologist was retained, who confirmed that Plaintiff’s ability to operate his bicycle was impaired at the time of the accident. The Motion for Summary Disposition argued that Defendant was entitled to an absolute defense as all evidence confirmed Defendant had the right-of-way and Plaintiff was presumed to be impaired. Dena Auraha prepared the motion and briefs and Brian Boehne argued the motion before the Honorable Annette Berry in the Wayne County Circuit Court. Judge Berry agreed that Plaintiff could not support his claim, Defendant had set forth an absolute defense and granted summary disposition in favor of Defendant.

Gray v GCA Services Group, Inc.

Tina Battle, Adam Gordon, and Peter O’Toole obtained summary disposition, with prejudice, on behalf of their client in a premises liability action in which the minor Plaintiff, through minor Plaintiff’s counsel and mother, allegedly sustained serious and permanent injuries due to an allegedly dangerous condition of a doorway at the elementary school he attended. The firm’s client provided custodial services at the elementary school. The Motion for Summary Disposition argued that GCA Services Group did not owe the Plaintiff a duty without regard to the obligations in the contract sufficient to sustain Plaintiff’s negligence claim against GCA. Further, the motion argued that GCA exercised due care in its undertakings and did not breach any common law duties to Plaintiff.

Tina Battle prepared the motion and briefs; Peter O’Toole argued the motion before the Honorable Susan Hubbard in the Wayne County Circuit Court; and Adam Gordon provided strategy, advice, and guidance. Judge Hubbard agreed that Plaintiff failed to sufficiently support his claim and granted summary disposition in favor of GCA Services Group. In his Case Evaluation Summary, Plaintiff claimed damages in excess of $10,000,000.

Lucas and Natasha Coon, individually, and as Next Friend of Jacoby Coon, a minor v David Ryan and Pamela Ryan and Dakryn Properties LLC

Matt Chapin successfully defended a negligence, nuisance, and silent fraud claim by obtaining a summary disposition on all three counts from Judge Matthew Stewart in Shiawassee County Circuit Court. Our clients leased a home to Plaintiffs, and Plaintiffs’ alleged that their minor child ingested lead from the paint in the home, which caused the child to suffer from various neurological and cognitive disorders. Plaintiffs were seeking millions of dollars in damages. Throughout discovery, we were able to establish that our clients complied with all requirements pursuant to The Residential Lead-Based Paint Hazard Reduction Act of 1992. We were also able to establish that our client had no knowledge or notice of lead being in the home, and Plaintiffs failed to show that there was a defective condition in the home. We argued that Plaintiffs did not present any evidence to establish that our clients’ conduct fell below the applicable standard of care. The court agreed with our arguments and dismissed Plaintiffs’ case in its entirety.

Ashley Slaght obtained partial summary dismissal of Plaintiff’s claims for entitlement to first-party No-Fault benefits, significantly limiting Plaintiff’s recovery, which ultimately lead to successful resolution of Plaintiff’s claims.

On Saturday, February 23, a group of Vandeveer Garzia employees and their families and friends once again volunteered at Gleaners Community Food Bank. The group sorted over 4,700 pounds of donated food that will help feed over 3,800 people in the community. The group also donated money to purchase 92 gallons of milk. Vandeveer Garzia thanks these employees and their families and friends for giving up a Saturday morning to make a difference in helping those in need.

Vandeveer Garzia employees and their families and friends volunteered at Gleaners Community Food Bank