Joseph Giacalone Obtains Summary Disposition of 4 Counts of Negligence and Gross Negligence Against Clients of the Firm

Tuesday June 27, 2023

Joseph Giacalone recently obtained summary disposition on 4 counts of negligence and gross negligence against clients of the firm, the Suburban Mobility Authority for Regional Transportation and its employee bus driver, related to a 2020 motor vehicle accident. The plaintiffs alleged that the defendants were both negligent and grossly negligent in relation to the motor vehicle accident. After several months of discovery, Mr. Giacalone filed a motion for summary disposition asserting that the plaintiffs failed to serve written notice on the Suburban Mobility Authority for Regional Transportation of an intent to sue for bodily injury damages under MCL 124.419 for either defendant, and that the plaintiffs had failed to meet their burden to show the bus driver’s actions amount to gross negligence, as required under MCL 691.1407. After oral arguments, the judge agreed and dismissed all four counts of negligence and gross negligence with prejudice.

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