St Clair v CMC Logistics
May 31, 2024OUTCOME:
Supreme Court issues regarding interplay between statute of limitations, judicial tolling, and non-party at fault scheme.
Troy, MI
Litigation Lawyer at Troy, MI
Practice Areas: Litigation, Appeals
OUTCOME:
Supreme Court issues regarding interplay between statute of limitations, judicial tolling, and non-party at fault scheme.
OUTCOME: Prevailed--no negligence against owner
Appeal to the Michigan Supreme Court regarding the degree to which a non-possessory owner of real property can be held liable for a nuisance created by a possessory tenant.
OUTCOME:
Michigan Supreme Court Banaszak v Northwest Airlines, 477 Mich 895; 722 NW2d 433 (2006) Clarifying legal duty owed by contracting parties to non-parties
OUTCOME:
Michigan Court of Appeals Richardson v Rockwood Center, 275 Mich App 244; 737 NW2d 801 (2007) Clarifying score of legal duty in premises liability context
OUTCOME:
Michigan Supreme Court Latham v Barton Malow Co, 480 Mich 105; 746 NW2d 868 (2008) Clarifying and reiterating the limited scope of general contractor liability on a construction site
OUTCOME: Statute clarified
Successfully petitioned Michigan Supreme Court to hear oral argument to determine whether the Michigan Court of Appeals erred in construing MCL 600.2957 and 600.6304(8) to require that a non-party owe ... a legal duty to the plaintiff before fault may be apportioned. In 2002, the Michigan Court of Appeals issued an Opinion, Jones v Enertel, inserting the duty requirement into the statutory scheme. Oral argument took place on January 21, 2009.
OUTCOME: Reversed & Affirmed by Michigan Supreme Court.
The defendant in this matter was subjected to a default because of the errors of its insurer in handling a complaint. The trial court refused to set aside the default. In a very well written Opinion, ... the Michigan Court of Appeals reversed and provided detailed steps for all future courts handling such issues. The Michigan Supreme Court rejected Plaintiff's attempt to set aside the ruling.