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A typical day in Michigan's appellate courts: Three cases decided; insurers win three; injury victims lose three.

The Court of Appeals handed down three decisions this morning involving injury claims.  In all three cases, the insurer won.  In one case, the Court overruled precedent and held that a yard clean-up worker could not sue for negligence because he qualifed as an "employee" of the man who failed to secure equipment on a work truck.  In a second case, the Court held that a ROTC instructor could not sue Central Michigan University for lead poisoning because he didn't sue until after he was diagnosed, and he didn't give legal notice of his "injury" within six months of when he first suffered symptoms. In the the third case, the Court held that the victim of a car accident couldn't sue a delivery truck driver who parked with his semi-tractor protruding over the fog line and into the traveled lane.

This makes eight straight wins for insurers in the high courts and twelve wins in the last 13 published cases.  No wonder the insurance industry poured millions into the election campaigns of Republican judicial nominees.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262