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Court Grants Motion for Summary Disposition in St. Clair County Circuit Court in Premises Liability/Third-Party Criminal Acts Claim

Attorneys Kari L. Melkonian and Jonathan B. Koch won summary disposition in favor of a hotel in a premises liability action arising out of an assault on a visitor at the premises. The plaintiff-visitor was assaulted by a hotel guest and sued the hotel under a premises liability theory that it had a duty to act in response to an allegedly reported threat. The Court dismissed plaintiff’s claims finding that there is no duty to anticipate or prevent the criminal acts of third-parties and that the hotel had no notice of any potential threat and therefore no duty to act.

Attorneys Howard-Goudy and Cook obtain summary disposition on behalf of public school district

Attorneys Kellie L. Howard-Goudy and Michael J. Cook obtained summary disposition on behalf of a public school district and the school itself, cutting off a multimillion dollar liability exposure. The plaintiff, arguing the case in Wayne County Circuit Court, asserted negligence and gross negligence claims based on a paralyzing injury he suffered during football practice. He claimed that the operation of the school football team was negligent and unauthorized. Howard-Goudy and Cook asserted and the Court agreed that the school district, which was an “educational authority” instead of a typical school district, was entitled to governmental immunity.

David C. Anderson Elected Commissioner of the State Bar of Michigan

We are pleased to announce that our partner David C. Anderson has been elected to the board of commissioners of the State Bar of Michigan. The State Bar Board of Commissioners provides oversight to the various operations of the State Bar, such as finance, public policy, professional standards, and member services and communications. Anderson will represent District I (Oakland County), serving for a three-year term expiring at the close of the 2020 Annual Meeting. Click on the headline to read the full submission.

Collins Einhorn Farrell PC Partner Kari L. Melkonian is Elected to Board of Directors for the Oakland County Bar Association

Collins Einhorn Farrell PC proudly announces the election of its partner Kari L. Melkonian to the Board of Directors for the Oakland County Bar Association (OCBA). Melkonian will be serving a three-year term beginning June 1, 2017. To read the full announcement, click on the headline.

Attorney MaryRachel Dysarz Joins Firm’s General and Automotive Liability Practice Group

Collins Einhorn Farrell PC is pleased to announce that attorney MaryRachel Dysarz has joined the firm’s General and Automotive Liability practice group. Ms. Dysarz focuses her practice on general liability and first- and third-party automotive defense. She provides clients with guidance through the litigation process, beginning from the discovery phase through trial. Ms. Dysarz has vast experience preparing and successfully arguing motions for summary disposition on behalf of clients. In addition to her automotive liability background, Dysarz has also handled medical/dental professional liability, premise liability, and general negligence cases.

Attorney Kyle M. Dysarz Joins Firm’s Insurace Coverage Practice Group

Collins Einhorn Farrell PC is pleased to announce that attorney Kyle M. Dysarz has joined the firm’s Insurance Coverage practice group. Mr. Dysarz provides clients with formal opinions on the coverages afforded by commercial general liability, business owners, homeowners, and umbrella insurance policies, and he assists with drafting reservations of rights and declinations as needed. He also litigates declaratory judgment actions in connection with claims of bodily injury, property damage, construction defects, personal and advertising injury, and toxic torts. In addition to his focus on insurance coverage, Dysarz also has experience as a defense litigator and has handled a variety of complex disputes, including wrongful death claims, construction defect claims, and bad faith insurance claims.

Attorneys Moloughney and Pawlak Obtain Summary Disposition in First-Party No-Fault Case

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.

Court Grants Motion for Summary Disposition in Oakland County Circuit Court in Wrongful Death Claim

Attorneys Kevin P. Moloughney and Kari L. Melkonian won summary disposition in favor of a paving contractor in a wrongful death action arising out of a slip and fall in a commercial parking lot. Plaintiff’s decedent allegedly slipped and fell on ice in the parking lot and died as a result of his injuries. The Court dismissed the plaintiff’s claims against the paving contractor finding that plaintiff failed to present evidence that the decedent’s death was caused by any wrongdoing or negligent act of this defendant.

Court Grants Motion for Summary Disposition in Washtenaw County Circuit Court in Premises Liability Claim

Attorneys Kari Melkonian and Jonathan Koch won summary disposition in favor of a tenant in a premises liability action for injuries arising out of an alleged malfunction of automatic sliding doors at the entrance of a grocery store. The Court dismissed plaintiff’s complaint against the store finding that the door was not defective and that the store lacked notice of any potential hazard. The Court also found that the claim was barred under the open and obvious doctrine.

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