Collins Einhorn Farrell attorneys Colleen H. Burke, Brian D. Einhorn, and Peter J. Tomasek successfully defended their clients in a legal-malpractice case. The case stemmed from a personal-injury accident at the plaintiff’s apartment complex. Brian, Colleen, and Peter obtained summary disposition for the defendants by successfully arguing that, based on the plaintiff’s original complaint, the plaintiff couldn’t show that the defendants caused her alleged damages. The plaintiff subsequently filed a motion to amend her complaint. But Brian, Colleen, and Peter argued that the proposed amendments did not revive the claims. The Court agreed with the Collins Einhorn attorneys and dismissed all claims against their clients.
After a 3-day jury trial, attorneys MaryRachel Dysarz and Lauren Frederick obtained a no cause of action in a first-party no-fault provider case. Vision Specialists of Michigan claimed that the defendant-insurer wrongfully refused to pay no-fault benefits incurred on behalf of the allegedly brain-injured claimant. For full details, click the headline.
Attorneys Richard A. Joslin and Lindsey A. Peck obtained summary disposition on behalf of a shopping mall owner in a serious personal injury case. The plaintiff was injured when an out-of-control car crashed into a mall store. In addition to suing the driver of the car, the plaintiff sued the store operator, the mall owner and the owner of a neighboring mall which shared the parking lot where the accident occurred. In granting summary disposition to the owner of the neighboring mall, the court held that the neighboring mall owed no duty to the plaintiff and that no duty arose from the easement agreement between the mall owner and its neighbor.
Attorney Scott J. Pawlak obtained summary disposition on behalf of a no-fault insurer for charges for chiropractor-referred MRIs. The Court agreed with the insurer that, because Michigan’s No-Fault Act did not include MRIs within the scope of “chiropractic care” as of January 1, 2009, no-fault insurers are not required to reimburse for MRIs that have been ordered by a chiropractor. The Court further noted that, because the performance or ordering of an MRI is beyond the scope of chiropractic care, there was no way that such testing could be deemed a “reasonably necessary service.”
Collins Einhorn attorneys Theresa M. Asoklis, Michael J. Cook, and Jonathan B. Koch successfully defended a legal-malpractice action against a lawyer-guardian ad litem with a statutory-immunity defense. For full details, click on the headline.
Peter Tomasek, one of Collins Einhorn Farrell PC’s appellate attorneys, authored an amicus brief on the Michigan Defense Trial Counsel’s behalf in support of the defendant-insurer’s brief on appeal in Yu v Farm Bureau Gen Ins Co of Mich. This case arose out of significant water damage to a home in Portage, Michigan. To read further details, click on the headline.
Appellate attorney Peter J. Tomasek recently prevailed on behalf of his client, a parking-garage operator and owner, who was the defendant in the case. The premises-liability lawsuit arose out of a slip-and-fall in a parking garage’s icy stairwell. In Sundrla v Republic Parking Systems, Inc, an unpublished opinion issued April 24, 2018, the Michigan Court of Appeals affirmed the trial court’s decision to grant summary disposition in the defendant’s favor. The Court held that the stairs’ dangerousness was open and obvious despite the fact that the ice was invisible and the stairwell wasn’t open to the winter elements.
Collins Einhorn Farrell PC is pleased to announce that attorney Tanya M. Murray recently joined the firm’s Insurance Coverage practice group. Ms. Murray represents and counsels clients by providing coverage opinions and drafting corresponding coverage position letters encompassing a wide variety of claims under commercial general liability, homeowners, umbrella and professional liability insurance policies. She also litigates coverage disputes arising from claims for bodily injury, property damage, personal and advertising injury, construction defects and toxic torts among others. To read more on Ms. Murray, click on the headline.
Collins Einhorn Farrell attorneys Theresa M. Asoklis, Michael J. Cook, and Eric M. Kociba obtained dismissal of a class-action complaint claiming that a law firm violated federal and state law. The federal district court agreed that the plaintiffs’ claims, which were based on the interest rate in state-court judgments, were “functionally appeals of state court decisions.” Since federal courts cannot act as an appellate court for state-court judgments, the court lacked jurisdiction and dismissed the plaintiffs’ claims. To read the full outcome, click on the headline.
Attorneys Kyle M. Dysarz and Deborah A. Lujan recently obtained summary disposition in favor of a well-established Ann Arbor hotel and restaurant based upon its lack of notice in a unique premises-liability case. For full details, click on the headline.