Plaintiff was a patron at a local movie theater who slipped and fell in a concession line near the entrance of the theater.  During discovery evidence established that it had been raining hard the day of Plaintiff’s fall.  Additionally, surveillance video was produced which showed at least three wet floor signs in the entrance and…

Collins Einhorn Farrell PC is pleased to announce that 22 of our firm’s lawyers have been included in the 2022 editions of Super Lawyers.  Four of the 22 recognized lawyers have been included in the Rising Stars edition, which recognizes attorneys who are early in their careers for their outstanding professional excellence in private practice….

We are proud to announce that 22 attorneys have been named to either the 2021 Super Lawyers list, or the 2021 Super Lawyers Rising Stars list. Congratulations! Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition…

Collins Einhorn Farrell PC is proud to announce that 15 of its attorneys have been named to the 2020 Michigan Super Lawyers list, and an additional 8 attorneys were named to the 2020 Michigan Rising Stars list. Additionally, Melissa Graves was named to the Top 50: 2020 Women Michigan Super Lawyers list. Super Lawyers, a…

Kevin P. Moloughney and Ashley S. Dickey obtained a no cause verdict in a third-party automobile negligence action in the Macomb County Circuit Court, the Honorable Edward Servitto presiding. The jury determined that Plaintiff’s injury did not result in a serious impairment of body function. The Plaintiff contended that she suffered injuries to her head,…

Attorneys Kevin Moloughney and Kari Melkonian obtained summary disposition for a condominium association in Dearborn’s 19th District Court. The plaintiff sued the association to challenge fines and assessments levied against his unit. The Court held that the plaintiff couldn’t prove that he received insufficient notice or that the fines were improper. So it granted Kevin…

Collins Einhorn attorneys Kevin P. Moloughney and Matthew J. Zmijewski successfully defended a complicated wrongful death lawsuit in Oakland County Circuit Court. To read further details, click on the headline.

Collins Einhorn attorneys Kevin P. Moloughney and Patrick J. Walbridge won summary disposition on a third-party auto-negligence claim, based on the plaintiff’s failure to prove that he suffered an objectively manifested impairment of an important body function. The Court agreed that the medical records relied on by the plaintiff only demonstrated subjective complaints, which were insufficient to meet the serious impairment threshold imposed by the Michigan No-Fault Act.

Judge Warren of the Oakland County Circuit Court granted Defendant’s motion for summary disposition in a case where medical providers submitted assignments purporting to transfer their patient’s right to collect PIP benefits from two companies that were not Defendant. Plaintiffs argued that these assignments should allow them to bring a cause of action against Defendant, an automobile insurance company, because of its business relationship with the other companies. They claimed Defendant and the other companies were all essentially the same entity and it was just a clerical mistake that the assignments did not name Defendant. Judge Warren agreed with defense attorneys Patrick J. Walbridge and Kevin P. Moloughney, who argued that the assignments could not be construed as transferring any cause of action against Defendant that the patient might have possessed.

Attorneys Ashley S. Dickey and Kevin P. Moloughney obtained summary disposition in Michigan’s 6th Circuit Court in a slip and fall case involving a snow removal company and third-party beneficiary case on the grounds of no genuine issue of material fact regarding the Plaintiff’s claims and Co-Defendant condominium complex’s claims. Additionally, the Court found that Plaintiff failed to allege a separate and distinct duty that the snow removal company owed her outside of its contractual duties with the condominium complex such that the snow removal company cannot be held liable in tort for non-performance of a contractual duty.

Attorneys Kevin P. Moloughney and Scott J. Pawlak won summary disposition in Wayne County Circuit Court for defendant insurer in first-party No Fault case. Successfully moved for dismissal of Plaintiff’s entire claim, pursuant to the fraud exclusion of the insurance contract, based on Plaintiff’s fraudulent representations regarding his wage loss claim. More than $650,000 in first-party benefits were extinguished as a result of the decision.

Kevin P. Moloughney has been named a 2017 Leader in the Law by Michigan Lawyers Weekly. Moloughney is known not only for his knowledge of the law, but also his commitment to pursuing his clients’ positions with vigor, and professionalism. He is one of 30 distinguished lawyers who were chosen to receive this prestigious award. A shareholder at Collins Einhorn, Moloughney has successfully defended personal injury and property damage claims for over two decades, including those involving first- and third-party automobile claims, product liability, premises liability, construction site liability, professional liability, fire loss, construction defect and consumer law claims. He also maintains an active practice litigating insurance coverage disputes.

Attorneys Kevin P. Moloughney and Charles W. Wojno won a summary disposition in a Genesee County Circuit Court in first-party no-fault benefit case. Plaintiff claimed benefits arising out of a motor vehicle accident, including medical expenses, lost wages, and household services. Plaintiff was employed as a chiropractor at his wife’s chiropractor business, and treated with his wife following the accident. The documentation submitted by Plaintiff in support of his claims exposed fraud in his claim for lost wages and household services. A motion for summary disposition was filed on behalf of the insurer arguing plaintiff’s claims were fraudulent under the Michigan Court of Appeals case Bahri v IDS Property Casualty Insurance Co., 308 Mich App 420 (2014) The Court agreed and dismissed Plaintiff’s claims.

Attorneys Scott J. Pawlak and Kevin P. Moloughney won summary disposition in Wayne County Circuit Court for insurer in first-party No Fault case. The Court agreed with defendant insurer that a Plaintiff daughter’s claim under her mother’s automobile insurance policy that had been previously rescinded was barred by the collateral estoppel and collateral attack doctrines. The Court further found that there was no factual development that could result in PIP coverage under the policy, and Plaintiff’s claims were therefore dismissed with prejudice.

Attorney Scott J. Pawlak and Kevin P. Moloughney won a Summary Disposition in Wayne County Circuit Court, successfully obtaining rescission of a No-Fault Automobile Policy. The Court agreed with the defendant that the insured’s fraudulent representations in the application process were material, and the insurer was therefore entitled to rescind its policy.

Attorneys Kevin P. Moloughney and Kari L. Melkonian obtained partial summary disposition in favor of construction company in a construction defect claim. Plaintiffs brought claims of common law and statutory conversion as well as promissory estoppel against the general contractor of the project. The Court dismissed these claims with prejudice finding that they were unsupported by the law or the facts of the case.

Attorneys Kevin P. Moloughney and Samantha J. Orvis successfully obtained an order granting summary disposition in favor of the defendants.

Attorneys Kevin P. Moloughney and Scott J. Pawlak successfully obtained summary disposition in favor of a national pet store chain in a dog-bite case. The Court, agreeing with the defendant, found that Plaintiff’s claims failed because: 1) there was no precedent under either ordinary negligence or premises liability principles to impose a leash length requirement to protect customers from dogs owned by third parties, 2) there was no evidence that the pet store had prior knowledge of the dog’s vicious behavior, and 3) there was no evidence that the dog bite was created by the defendant’s active negligence. The Court also dismissed Plaintiff’s claims for negligent infliction of emotional distress and loss of consortium.

Attorneys Kevin P. Moloughney, Kari L. Melkonian and Michael J. Cook successfully moved for summary disposition on behalf of a snow removal contractor in a premises liability matter in the Wayne County Circuit Court. The Court dismissed the plaintiff’s claim on the basis that the snow removal contractor owed no duty under the circumstances.

Attorneys Kevin Moloughney and Kyle Smith obtained summary disposition for their insured client in the Wayne County Circuit Court. Plaintiff previously filed, and settled, a claim for PIP benefits against Westfield Insurance Company (WIC). He subsequently filed a claim for uninsured motorist (UM) benefits against WIC arising out of the same accident for which he…

Attorneys Kevin Moloughney and Kyle Smith obtained summary disposition for their insured client in the Wayne County Circuit Court. Plaintiff contended that the client negligently hired a contractor to perform excavation around the client’s home. The excavator became trapped in a collapsed ditch and plaintiff, a Grosse Pointe Shores Department of Public Safety officer, responded…

Two Collins Einhorn attorneys will be assuming leadership roles in major bar associations this week. Kevin Moloughney will be installed as the president of the Association of Defense Trial Counsel on Tuesday, May 7, 2013. Kevin practices in the areas of general and automobile liability, insurance coverage, construction defect liability, and premises liability. Melissa Graves…

Kevin Moloughney successfully defended a client in a case involving alleged theft of a patient list from a competing business. Kevin was able to convince the Court that the patients treated with his client because of reasons that had nothing to do with the allegedly converted client list. The Court agreed that under such circumstances…

Kevin Moloughney successfully defended a client against a claim of assault and battery and malicious prosecution. The Oakland County Circuit Court jury returned a “no cause for action” verdict in favor of Kevin’s client.