Articles Posted in Other Stuff

In addition to our work on Long Term Disability cases, Serafini, Michalowski, Derkacz & Associates (SMDA) also handles personal injury cases. This is the story of one such case.

Our client, James Hawthorne was rear ended by a semi-truck owned and operated by a Kentucky based Trucking company. Mr. Hawthorne hired our firm to pursue a claim against the at-fault driver when he was unable to return to work due to a serious neck injury (due to whiplash).

SMDA filed a lawsuit against the trucking company in the Wayne County Circuit Court. Despite being served with the complaint by the local sheriff, the trucking comapny failed to appear in the case and was defaulted. Despite receiving notice of the default, the Trucking company again failed to appear in the case and a default judgment ($942,000) was entered by the Court.
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Recently, the new majority of 4 Michigan Supreme Court Justices upheld a decision by the Court of Appeals in Thorn v Mercy Memorial Hospital. In Thorn, a mother of young children died as a result of a medical error. When the family sued the defendant’s argued that the children could not recover any of the economic cost of paying to try and replace the services that their mother would have provided during their lifetime. The Court of Appeals rejected this argument.

The Defendant’s appealed this decision to the Michigan Supreme Court. The Supreme Court decided that the Court of Appeals got it right and upheld the decision.Justice Robert Young (who is up for re-election in 2010) strongly disagreed.
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Justice Taylor Falsely Claims Wall Street Journal Backing

In what turns out to be a desperate campaign strategy, Justice Taylor has been claiming that the Wall Street Journal said the Michigan Supreme Court under his leadership is the best in the nation.

Guess what-this claim is totally false!!!

If you get hit by a drunk driver and break your arm or leg, do you think you should be able to sue the drunk who caused the accident, even if you make a good recovery?

If you get in a car accident but only miss three months of work, or a few semesters of school think you should be able to recover from the at-fault driver?

Not in Michigan, Not anymore. Why not? Because Cliff Taylor says so, that’s why.

If the City plows the snow off the street and blocks the sidewalk and a child who is forced off the sidewalk is hit by a car and killed, do you think the City has any responsibility?

Not in Michigan, not anymore. Why not? Because Cliff Taylor says so, that’s why.

In the case of Chantelle Buckner v City of Lansing, 480 Mich 1243 (2008) Justice Taylor’s court told the dead child’s family that the City of Lansing had no responsibility for plowing the snow off the street and blocking the sidewalk forcing the children into the street where she was struck and killed.

Think a landlord has a duty to fix the electrical wiring in a home.

What about if the tenant repeatedly tells the landlord that the electrical outlet sparks and smokes.

What if the landlord ignores the tenants repeated complaints and there is a fire which results in the death of six children? Think the family should be able to file a lawsuit?

If your loved one dies as a result of bad medical care, but lives for more than two years, do you think you can still sue the doctor who provided the poor care?

Not in Michigan. Not anymore

The Taylor led supreme court in Wickens v Oakwood Healthcare System, 465 Mich 53 (2001) changed well established law and held that a person cannot sue for the loss of an opportunity to survive until after they die, and they must die within the two year statute of limitations or the person’s heirs will be denied court access.

Think you should be able to sue a rapist no matter how long it takes to catch him?

Think gender based discrimination is actionable?

Think your employer has an ongoing responsibility to prevent sexual harassment in the workplace?

Think the State has a duty to fix a defective traffic light?

How about a defective guardrail?

Broken stop sign?

Think a store owner has any responsibility to maintain their premises?

To fix a pothole?

To shovel the snow? To spread salt on the ice?