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.

SOTU

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.

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.

Fritz v Millennia Housing Management, Ltd.

William Kiriazis 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.”

Bell v Citizens

Sarah Gordon 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.

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.