D was involved in a Michigan construction accident where a bricklayer suffered a severe spinal cord injury, after considerable litigation the general contractor and a sub-contractor were found to be the responsible parties for loading and storing the fallen metal studs too close to the edge of the third floor of a building under construction in Macomb County. A novel theory was successfully used where the employer’s indemnity insurance for the general contractor was used to extend the insurance covering D received.
B v. Mack Truck – a large jury verdict was obtained for a trucker who began his trip in a Mack truck in Michigan in the winter and ended in Buffalo. On arrival B fell because of the configuration of the climbing system which was unusable because of ice and slush. This was the first case of its kind in the U.S. and helped create a new generation of safer tractors.
A v. KMart – Another large verdict was obtained against KMart for negligence in loading their trailers. A suffered a brain injury when the rear gates of the trailer were opened and the shifting load fell upon him.
A v. Auto Club Insurance – This was a first party no fault case v Auto Club Insurance. Y was a young child who suffered serious injuries, including a closed heard injury and left hemiparesis, and was hospitalized for an extended period of time when she was hit by a car outside her home. The adjuster assigned to her case told the single mother of Y that they were sorry, but they only owed the doctor bills and medications. Y’s mother told the adjuster that she was providing 24 hour a day, 7 day a week attendant care, which was documented in the claim file. The adjuster also noted in the claim file that he told the family that it was not reimbursable. The plaintiff recovered personal injury benefits and fraud damages from his no-fault auto insurance company, after defeating AAA in 3 appeals to the Michigan Court of Appeals, and 3 separate appeals to the Michigan Supreme Court
G v. State Farm Auto Insurance – When attempting to pass a van, P collided with a stalled tanker. P suffered from severe permanent injuries requiring him to receive personal care and attention 24 hours a day, seven days a week. Because he became partially blind, experienced balance problems, and cognitive deficits, he needed supervision and care, for his own safety and the safety of others. For years State Farm paid the mother less than $2 per hour for her services. The plaintiff recovered personal injury benefits through his no-fault auto insurance company going back several years to the time his mother began to provide him care. A recovery was made for the difference between what had been paid, and the fair market for all the time that the mother provided services, including interest and attorney fees.