Michigan Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Michigan or Court of Appeals of Michigan where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Farm Bureau General Insurance Co. of Michigan v. Haller - 4/26/2005
UNPUBLISHED
Plaintiff Farm Bureau General Insurance Company of Michigan ("Farm Bureau") appeals as of right the trial court order denying its motion for summary disposition and granting summary disposition in favor of defendant...
Hashem v. Les Stanford Oldsmobile - 4/21/2005
FOR PUBLICATION
In these consolidated appeals, defendants Les Stanford Oldsmobile and Mohamad Bazzi (hereinafter collectively referred to as "defendants") appeal as of right from a judgment, entered following a jury trial,...
Tipton v. William Beaumont Hospital - 4/19/2005
FOR PUBLICATION
Plaintiff Janet Tipton filed claims against defendants William Beaumont Hospital (Beaumont) and Andrew Check, M.D. (Check) under the Michigan consumer protection act (MCPA), MCL 445.901 et seq,alleging that they...
Apsey v. Memorial Hospital - 4/19/2005
FOR PUBLICATION
Plaintiffs, Sue Apsey and Robert Apsey, appeal as of right from a circuit order granting summary disposition to defendants, Memorial Hospital, two of its practitioners, Doctors Russell Tobe and James Deering, and...
Middleton v. County of Marquette - 4/19/2005
UNPUBLISHED
Defendant appeals as of right from the circuit court's order denying defendant summary disposition under MCR 2.116(C)(7). This case arises out of plaintiffs' claims for injuries suffered while working in a county...
Prentis Family Foundation v. Barbara Ann Karmanos Cancer Institute - 4/19/2005
UNPUBLISHED February 10, 2005
APPROVED FOR PUBLICATION April 19, 2005
Plaintiff appeals by right an order summarily dismissing Honigman Miller Schwartz and Cohn (HMSC) as a defendant. Plaintiff also appeals an order...
Lamb v. University Musical Society - 4/14/2005
UNPUBLISHED
In these consolidated personal injury actions, plaintiff appeals as of right from the trial court's orders granting defendants summary disposition. We affirm.
On March 19, 1999, plaintiff attended a dance...
Downs v. Kirk - 4/14/2005
UNPUBLISHED February 15, 2005
APPROVED FOR PUBLICATION April 14, 2005
In these consolidated wrongful death actions, defendant appeals as of right the order denying his three motions for summary disposition under MCR...
Banwell v. Burstein - 4/14/2005
UNPUBLISHED
Plaintiff appeals as of right from an order granting defendant's motion for partial summary disposition. We affirm.
I. Motion to Set Aside Default
Plaintiff first argues that the circuit court abused its...
People v. Rottinghaus - 4/14/2005
UNPUBLISHED
Defendant was convicted, following a jury trial, of first-degree criminal sexual conduct, MCL 750.520b(1)(f)(force or coercion used to accomplish sexual penetration resulting in personal injury), and second-degree...
Khalil v. Reliance National Indemnity - 4/14/2005
UNPUBLISHED
Plaintiff appeals as of right from the trial court's order granting summary disposition for defendant Delphi Automotive Systems, MCR 2.116(C)(7), based on a release. We affirm. This case is being decided without oral...
Prins v. Ewald - 4/12/2005
UNPUBLISHED
Pursuant to a Supreme Court remand, in this medical malpractice action, defendants appeal as on leave granted from the trial court's denial of their motions for summary disposition brought pursuant to MCR 2.116(C)(7)...
Hicks v. EPI Printers - 4/12/2005
APPROVED FOR PUBLICATION June 23, 2005
Before: Cavanagh, P.J., and Jansen and Gage, JJ.
Plaintiff Carol L. Hicks sued defendant EPI Printers, Inc., her former employer, for sexual harassment. The circuit court granted...
Perez v. STC - 4/12/2005
UNPUBLISHED
In this no-fault insurance and premises liability action, plaintiff Marsha Perez appeals as of right orders granting summary disposition in favor of defendants STC Inc, d/b/a McDonald's, and State Farm Mutual...
Dama v. Dietzel - 4/7/2005
UNPUBLISHED
Plaintiff appeals as of right the trial court's order granting defendant's motion for summary disposition in this medical malpractice case. We affirm. This appeal is being decided without oral argument pursuant to MCR...
Auto-Owners Insurance Co. v. Farmers Insurance Exchange - 4/5/2005
UNPUBLISHED
In this insurance priority dispute, plaintiff appeals as of right from the trial court's order granting defendant's motion for summary disposition under MCR 2.116(C)(10) and denying plaintiff's cross-motion for...
Piontek v. Armstrong - 4/5/2005
UNPUBLISHED
ON REMAND
This case is before us for the second time. In our original opinion in this case, we reversed the circuit court's order granting summary disposition to appellee James Armstrong, D.O. and held that the...
Carpenter v. Snacktime Services - 4/5/2005
UNPUBLISHED
In these consolidated appeals, plaintiff appeals as of right from the trial court's order granting defendant's motions for summary disposition, and defendant appeals as of right from the trial court's order denying...
McCarty v. Midwest Health Center - 3/31/2005
UNPUBLISHED
Plaintiff appeals as of right, challenging the circuit court's order granting summary disposition to defendants Midwest Health Center, P.C., and M. C. Flores, M.D., on the basis that the statute of limitation barred...
Hastings Mutual Insurance v. General Motors Corp. - 3/29/2005
UNPUBLISHED
Plaintiff appeals as of right from an order granting summary disposition in favor of defendants on all claims. Plaintiff had filed a claim against defendants, the manufacturer and the seller of a 2000 Chevy truck...
Smith v. Randolph - 3/24/2005
UNPUBLISHED
Defendant appeals as of right an order denying his motion for summary disposition pursuant to MCR 2.116(C)(7)(claim barred by the statute of limitations), granting plaintiff's motion for summary disposition pursuant...
Trentadue v. Buckler Automatic Lawn Sprinkler Co. - 3/24/2005
UNPUBLISHED
Plaintiff Estate of Margarette F. Eby appeals by leave granted the order granting defendants Estate of Ruth R. Mott ("Mott") and MFO Management Company ("MFO") summary disposition on plaintiff's claim pertaining to...
Avery v. Roberts - 3/22/2005
UNPUBLISHED
In this wrongful death action, defendants Charles Roberts and Emmanuel Calzada appeal as of right from the circuit court's order denying their motion for summary disposition under MCR 2.116(C)(7) premised on...
Collins v. Maes Corp. - 3/22/2005
UNPUBLISHED
Plaintiffs appeal as of right from the trial court's granting of defendants' motion for summary disposition. We affirm.
I. FACTS
This case arises from an automobile-motorcycle accident that took the life...
Prill v. Swanson Commercial Food Equipment Repair - 3/22/2005
UNPUBLISHED
Defendants Bob Evans Farms, Inc. and Bob Evans Restaurants of Michigan, Inc. (hereinafter "defendants"), appeal by leave granted from the trial court's order denying their motion for summary disposition based on the...
Johnson v. Henry Ford Hospital - 3/22/2005
UNPUBLISHED
Defendant, Henry Ford Hospital, appeals as of right a jury verdict in favor of plaintiff, Willie Johnson, as personal representative of the estate of Violet Richardson, who died on October 3, 1998, after being...
Ward v. Rooney-Gandy - 3/22/2005
FOR PUBLICATION
Plaintiff appeals as of right the trial court's order granting summary disposition in favor of defendant pursuant to MCR 2.116(C)(7) in this medical malpractice action, where plaintiff's counsel, through...
Lindsey v. St. John Health System - 3/22/2005
UNPUBLISHED
Plaintiff appeals as of right from the circuit court order granting defendants' motion for summary disposition. The circuit court concluded that plaintiff's complaint alleged medical malpractice and, therefore, was...
Garrett v. Sam H. Goodman Building Co. - 3/17/2005
UNPUBLISHED
Plaintiff appeals as of right from an order granting summary disposition in favor of defendant Bryant pursuant to MCR 2.116(C)(10) and dismissing plaintiff's claims against all defendants. We affirm, but for reasons...
Rashid v. Farmers Insurance Exchange - 3/15/2005
UNPUBLISHED
In this action for no-fault personal injury protection (PIP) death benefits, the trial court granted summary disposition in favor of plaintiff Abdul Salam Rashid, Personal Representative of the Estate of Abdul Rashid,...
People v. Johnson - 3/15/2005
UNPUBLISHED
Following a bench trial, defendant was convicted of four counts of first-degree criminal sexual conduct, MCL 750.520b(1)(f) (actor causes personal injury and force or coercion is used), and was sentenced to four...
Mullaney v. Kistler - 3/15/2005
UNPUBLISHED
ON REMAND
Our prior opinion in this medical malpractice action affirmed the circuit court's denial of motions for summary disposition filed by defendants-appellants Laboratory Corporation of America (LabCorp)...
Tonowski v. Rihawi - 3/10/2005
UNPUBLISHED
Following a jury trial, plaintiff, as next friend for her brother, Bernard Tonowski, was awarded a judgment of $1,905,961.47 against defendant, St. Joseph Mercy Hospital, in this medical malpractice action. The trial...
Gerling Konzern Allgemeine Versicherungs AG v. Lawson - 3/8/2005
BEFORE THE ENTIRE
This case requires that we consider whether a plaintiff, who has settled an underlying tort claim with an injured party, may subsequently proceed on a contribution action against a defendant whom the plaintiff...
Ward v. Consolidated Rail Corp. - 3/8/2005
The issue before us concerns the consequence, if any, of defendant's inability to produce an allegedly defective locomotive handbrake at trial.
In this case, the trial court instructed the jury that because defendant disposed...
Ohio Casualty Insurance Co. v. Oakland Plumbing Co. - 3/8/2005
UNPUBLISHED
Plaintiff appeals as of right from the trial court's order granting summary disposition to defendants under MCR 2.116(C)(10). We affirm.
Plaintiff issued a property insurance policy to Belleville Nights, Inc.,...
Pappas v. Bortz Health Care Facilities - 3/3/2005
UNPUBLISHED
Plaintiff Patricia Pappas appeals as of right from the trial court's order granting defendants summary disposition pursuant to MCR 2.116(C)(7) based on the statute of limitations. We reverse and remand for further...
Hall v. Henry Ford Health System - 3/1/2005
UNPUBLISHED
Defendants Henry Ford Health System and Henry Ford Cottage Hospital (defendants) appeal as of right from a judgment for plaintiff Keisha Wade entered after a jury trial. Plaintiff cross-appeals, challenging several of...
Rathburn v. Children's Hospital of Michigan - 3/1/2005
UNPUBLISHED
Plaintiff, individually and as next friend of her minor son, Justin Wade Childrey, appeals as of right from the trial court's order granting summary disposition in favor of defendants. We affirm.
This case...
Fansler v. Richardson - 2/24/2005
UNPUBLISHED
Defendant Mike Gibler, d/b/a MG & Company (Gibler), and defendant Thermogas Company, Inc. (Thermogas) appeal as of right from the trial court order denying their request for costs pursuant to MCR 2.625 against...
Gray v. Bronson Methodist Hospital - 2/22/2005
UNPUBLISHED
In this medical malpractice action, plaintiff appeals in propria persona as of right from a trial court order granting summary disposition to defendants. We affirm.
I. FACTS
This case revolves around the...
Celletti v. Fiat Auto USA - 2/17/2005
UNPUBLISHED
Plaintiff appeals by leave granted from a decision of the Worker's Compensation Appellate Commission reversing the magistrate's award of medical benefits for surgery to plaintiff's lower back on the ground that the...
Downs v. Kirk - 2/15/2005
UNPUBLISHED
In these consolidated wrongful death actions, defendant appeals as of right the order denying his three motions for summary disposition under MCR 2.116(C)(7). We reverse and remand for entry of an order granting...
Allstate Insurance Co. v. Batch - 2/15/2005
UNPUBLISHED
Defendant Batch appeals as of right the order granting plaintiff's motion for summary disposition in this declaratory judgment action. We affirm. This appeal is being decided without oral argument pursuant to MCR...
Prentis Family Foundation v. Barbara Ann Karmanos Cancer Institute - 2/10/2005
UNPUBLISHED
Plaintiff appeals by right an order summarily dismissing Honigman Miller Schwartz and Cohn (HMSC) as a defendant. Plaintiff also appeals an order granting summary disposition with respect to plaintiff's claim for...
Jarzombek v. Clinton Women's Health Care - 2/10/2005
UNPUBLISHED
Plaintiff appeals as of right from an order granting defendants' motion for summary disposition pursuant to MCR 2.116(C)(10). We reverse and remand. This case is being decided without oral argument pursuant to MCR...
People v. Paige - 2/10/2005
UNPUBLISHED
Defendant appeals as of right his jury conviction of first-degree criminal sexual conduct, MCL 750.520b(1)(f) (personal injury/force). Defendant was sentenced as a second habitual offender, MCL 769.10, to fourteen to...
People v. Wiecek - 2/8/2005
UNPUBLISHED
Following a jury trial, defendant was convicted of first-degree criminal sexual conduct, MCL 750.520b(1)(g) (sexual penetration while causing personal injury and knowing or having reason to know that the victim was...
Watt v. Heth - 2/3/2005
UNPUBLISHED
In this wrongful death action, the personal representative of the estate of the decedent filed suit against defendants, alleging that the breach of duty to provide appropriate medical care caused the decedent's...
Auto Club Group Insurance Co. v. Weitzel - 2/1/2005
UNPUBLISHED
Defendant Leonard Weitzel appeals as of right the trial court's order granting plaintiff Auto Club Insurance Co.'s motion for summary disposition and declaring that plaintiff had no duty to defend or indemnify him in...
Cowan v. Lakeview Village Condominium Association - 2/1/2005
UNPUBLISHED
Plaintiff appeals by right the trial court's grant of summary disposition to all defendants in a series of three opinions and orders issued on June 12, 2003, July 18, 2003, and on October 2, 2003. This case arises out...
Heller v. Allen - 1/27/2005
UNPUBLISHED
Plaintiffs appeal as of right the order granting defendant's motion for summary disposition in the medical malpractice action. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). ...
People v. Brown - 1/27/2005
FOR PUBLICATION
Defendant appeals as on leave granted his sentence for his plea conviction of driving with a suspended license (DWLS) causing death, MCL 257.904(4). The issue before us today is whether the trial court erred in...
Kuper v. Metropolitan Hospital - 1/27/2005
UNPUBLISHED
Plaintiff appeals from the trial court's order that granted defendants summary disposition in this medical malpractice action, and we affirm.
I.
Decedent died on January 16, 1999, of bacterial...
Burton v. Reed City Hospital Corp. - 1/26/2005
This case presents the question whether a complaint alleging medical malpractice that is filed before the expiration of the notice period provided by MCL 600.2912b tolls the period of limitations. The Court of Appeals held that a...
McQuire v. Wasvary - 1/25/2005
UNPUBLISHED
In this medical malpractice action, the defense challenged the qualifications of plaintiff's expert who, in an affidavit filed with the litigation, rendered an opinion regarding the standard of care and any breach....
Nastal v. Henderson & Associates Investigations - 1/25/2005
BEFORE THE ENTIRE BENCH
In this case, where plaintiff Ronald M. Nastal alleges stalking by private investigators conducting surveillance, we granted leave to consider if, and when, such surveillance falls within the safe harbor...
Haque v. William Beaumont Hospital - 1/20/2005
UNPUBLISHED
Plaintiff filed this medical malpractice action after her husband, Sazzadul Haque (hereinafter "the decedent"), died after undergoing angioplasty and emergency bypass surgery. At the conclusion of a jury trial, a...
Dawdy v. Dykhouse - 1/20/2005
UNPUBLISHED
Plaintiff appeals from the trial court's order of dismissal with prejudice in which the court held that defendant Farm Bureau's $10 payment to a medical provider after the statute of limitations had expired waived the...
People v. Williams - 1/20/2005
UNPUBLISHED
Defendant appeals as of right from his jury trial convictions for seven counts of first-degree criminal sexual conduct (CSC I), MCL 750.520b(1)(f), kidnapping, MCL 750.349, and extortion, MCL 750.213. Defendant was...
Van Sickle v. Anderson - 1/13/2005
UNPUBLISHED
Defendants appeal by leave granted from the trial court's denial of their motions for summary disposition regarding plaintiffs' medical malpractice claim. Because at the notice of intent stage of this medical...
Sharma v. Valentino - 1/13/2005
UNPUBLISHED
Plaintiff appeals as of right from the final order granting the motions to dismiss of defendants Reidman Insurance (Reidman) and Physicians Insurance Company of Michigan (PICOM). Plaintiff also challenges the order...
People v. Berndt - 1/13/2005
UNPUBLISHED
A jury convicted defendant of operating a motor vehicle while under the influence of intoxicating liquor (OUIL), third offense, MCL 257.625(1), and driving while license suspended (DWLS), second offense, MCL 257.904....
Mielewski v. Sommers Schwartz Silver & Schwartz - 1/11/2005
UNPUBLISHED
PER CURIAM.
Plaintiff appeals as of right from an order granting defendant summary disposition in this legal malpractice action. We affirm. This case is being decided without oral argument pursuant to MCR...
Klein v. Kik - 1/11/2005
FOR PUBLICATION
Defendant appeals by leave granted the trial court's decision denying summary disposition. The only issue on appeal is whether the court erred in refusing to apply the causation requirement of MCL 600.2912a(2) to...
Stratton v. Krywko - 1/6/2005
UNPUBLISHED
Plaintiff appeals as of right from the trial court's orders granting summary judgment in favor of defendants. In docket no. 248669, we affirm in part, reverse in part, and remand. In docket no. 248676, we affirm. ...
Swartz v. State Farm Mutual Automobile Insurance Co. - 12/28/2004
UNPUBLISHED
Plaintiff appeals as of right from the circuit court's order granting defendant State Farm Mutual Automobile Insurance Company's motion for summary disposition pursuant to MCR 2.116(C)(10). We affirm. This case is...
Miller v. Kezlarian - 12/28/2004
UNPUBLISHED
Defendant appeals by leave granted the trial court's order denying his motion for summary disposition in this medical malpractice case. We reverse. This appeal is being decided without oral argument pursuant to MCR...
Helvie v. State - 12/28/2004
UNPUBLISHED
Defendant Michigan Department of Natural Resources ("DNR") appeals as of right from a judgment awarding plaintiff Ryan R. Helvie $260,000 for an off-road vehicle ("ORV") accident. We affirm.
I. Facts and...
Ford v. Architectural Door & Millwork - 12/28/2004
UNPUBLISHED
These appeals arise out of a judgment of no cause of action rendered by a jury on plaintiff's claims against the supplier of woodwork for his house. We affirm in part and remand in part.
Plaintiff acted as his...
Estate of Smith v. Detroit Police Officer Lori Pierce - 12/21/2004
UNPUBLISHED
Defendant Patrick Moore appeals as of right from a judgment awarding plaintiffs $533,087.62 in this wrongful death action.
We affirm.
I. Overview
This action arises from the death of Roderick Smith,...
Peterson v. Boat Sales - 12/21/2004
UNPUBLISHED
This case arose from plaintiff's 1998 purchase of a boat from defendant Anderson Boat Sales at a cost of $27,150.00. In 1999, plaintiff filed an action alleging breach of contract, fraud, innocent misrepresentation,...
Conley v. Suburban Mobility Authority for Regional Transportation - 12/21/2004
UNPUBLISHED
Plaintiff appeals, by leave granted, the Worker's Compensation Appellate Commission's (WCAC) June 18, 2003 order reversing a magistrate's award of benefits for a back injury. We affirm in part, reverse in part, and...
Difalco v. Dock - 12/16/2004
UNPUBLISHED
In Docket No. 250675, defendants appeal as of right from a jury verdict finding defendant Dr. Robert Dock liable for medical malpractice in his treatment of plaintiff Joyce DiFalco's ovarian cancer and awarding...
Federspiel v. Endicott - 12/16/2004
UNPUBLISHED
Defendants appeal by leave granted the trial court's order denying their motion for summary disposition pursuant to MCR 2.116(C)(8) and (10). We reverse. This case is being decided without oral argument pursuant to...
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