Kenneth C. Merritt
For 35 years, Ken has maintained an active general liability defense practice that has included catastrophic personal injury and wrongful death actions, indemnity disputes and construction site accidents. Over the years, Ken has successfully tried numerous cases involving product liability, construction defect claims, premises liability, automobile liability, first-party personal injury protection benefits, professional liability defense, errors and omissions of insurance agents, dram shop and worker’s compensation cases. Ken also serves as a private and court-endorsed mediator and arbitrator in Wayne and Oakland counties. Prior to practicing law, Ken handled casualty claims for Aetna Casualty and Surety Company for eight years.
Member, Oakland County Bar
Member, Association of Defense Trial Counsel
Won summary disposition in Michigan’s Third Circuit Court in a premises liability and public/private nuisance case on the grounds of an open and obvious hazard and failure to state a claim. Plaintiff failed to sufficiently refute Defendant’s evidence that the liquid she slipped on was open and obvious, and she failed to properly plead the elements of either a public or private nuisance. (Initially denied by trial court; peremptorily reversed on all counts by the Michigan Court of Appeals.) (February 2017)
Won summary disposition in Michigan’s Third Circuit Court for a premises liability and vicarious liability case on the grounds of lack of evidence of notice or retained control. Plaintiff failed to sufficiently prove that premises owner had notice of a risk of imminent and foreseeable harm to its invitees or that it retained control over independently hired security guards. (November 2016)
Freeman v IMI Cornelius Inc and Target Corp – Represented both Defendants, IMI Cornelius on a Product Liability claim (defective design of ice-maker) and Target on a Premises Liability basis (part from ice-maker fell and struck Plaintiff). Jury decided neither Defendant was negligent resulting in a No Cause verdict. (2015)