V & M Star Steel sued Centimark Corporation, claiming that it suffered more than three million dollars in property damage when roofing contractors negligently left bundled steel on V & M's roof during repairs. The Plaintiff argued that when roofers encountered a rain storm, they left supplies in a haphazard and unsafe condition, and bundled steel slid down the roof, destroying structures on the ground below.
Continue reading "Federal Court rejects claim that expert testimony is too speculative" »
Richard Burns lost his home in a fire caused by a defective wood stove. He and his insurer, USAA, sued JCS Fireplace and a contractor, arguing that the negligent installation of the wood stove made the contractor, JCS (and their insurers) liable for the resulting fire damage. The trial court dismissed the negligence case, citing the Republican Supreme Court's much-criticized "contract immunity" holding.
Continue reading "Court reverses another summary disposition wrongly based on "contract immunity."" »
The Droncheffs sued the Kerrs in Livingston County Circuit Court, alleging that every time it rains, the Kerrs' holding pond overflows and floods the Droncheffs' property. One of their claims was that the flooding constituted a trespass-nuisance, however, the Court held that this theory of action applied only to claims against the government and had been "eliminated" by the Engler Majority Supreme Court in an earlier decision. With regard to a trespass by diverting water flow, the Court held that the Droncheffs hadn't met their burden of proof.
Continue reading "Landowners lose suit against neighbor alleging trespass by waterflow" »
Nationwide Mutual Fire Insurance Company paid its coverage to the Isham family after their home burned down, and then sued, under its subrogation rights, a propane company and contractor for negligence. Nationwide argued that Parker's Propane Gas Company and Staley Plumbing and Heating caused the fire when they installed a compromised flexible gas line behind the Isham's oven. The Defendants argued that Nationwide's claim was based entirely on speculation about whether a leak fueled a fire in the oven-drawer for several hours, or whether the fire was caused by a faulty temperature regulator.
Continue reading "Plaintiff wins causation or speculation argument between two insurers" »
High Pointe Oil Company pumped 400 gallons of fuel oil into the basement of Beckie Price's home, creating an environmental hazard that required the destruction of the home and left Price homeless for nearly two years. She sued for negligence and recovered a verdict for the property damage, plus $100,000.00 in non-economic damages. High Pointe's insurer appealed, arguing that it could not be held responsible for Price's non-economic injuries (that is, her displacement from home, loss of her home, and mental anguish and inconvenience).
Continue reading "Oil Company loses appeal: must pay non-economic damages to woman after destroying her home" »
High Pointe Oil Company pumped 400 gallons of fuel oil into the basement of Beckie Price's home, creating an environmental hazard that required the destruction of the home and left Price homeless for nearly two years. She sued for negligence and recovered a verdict for the property damage, plus $100,000.00 in non-economic damages. High Pointe's insurer appealed, arguing that it could not be held responsible for Price's non-economic injuries (that is, her displacement from home, loss of her home, and mental anguish and inconvenience).
Continue reading "Oil Company loses appeal: must pay non-economic damages to woman after destroying her home" »
Julius Ward had the great misfortune of living next to a tenant who was evicted from his apartment for non-payment of rent. When authorities executed the eviction procedure, they mistakenly removed Ward's possessions from his apartment, damaged them by putting them in a dumpster, and then hauled them away. Ward sued for gross negligence.
Continue reading "Court allows property damage claim to go to jury where Defendants evicted wrong tenant" »
Thomas and Robert Robarge sued the Tecumseh Products Company, alleging that Tecumseh's manufacturing activities had diminished the use, enjoyment and market value of their property by reason of a spreading plume of groundwater contamination. The lower court dismissed their case after the Defendant raised an "Engler Majority" holding that the Defendants argued should apply to the Robarge claim.
Continue reading "Lenawee County groundwater contamination case is reinstated" »
In 2005, a Genessee County judge issued an order closing the Fisher Hotel, which it deemed a public nuisance. The owners then purchased coverage on the vacant buildings involved. In 2007, the buildings were damaged by vandalism, however, the insurer refused to pay the owners' claim, relying on a vandalism exclusion applicable to property that is unoccupied for 60 days or more. The trial court upheld this exclusion and granted the insurer summary disposition, and the owners appealed.
Continue reading "Insurance Company wins fight to deny insurance claim arising out of vacant building" »
Richard and Suzanne Hainer sued LaSalle Bank after an Oakland County branch under construction changed the grade of its lot and flooded their backyard. After a bench trial, the Hainers were awarded $15,000.00 in damages for the loss of the use and enjoyment of the back yard during a two-year period, but they were not awarded any attorney's fees. The Bank appealed the award and the Hainers appealed the denial of attorney's fees.
Continue reading "LaSalle Bank forced to pay damages for private nuisance after destroying neighbor's back yard" »
Cheryl Boylan's property was flooded the season after a major water main project was completed in Lyon Township of Oakland County. She alleged the flooding occurred because the contractors eliminated a nearby swale and changed the topography of her land to allow surface water to pool. Her experts suggested that failures by the contractors building the new water main resulted in surface water overwhelming the septic system and causing it to fail.
Continue reading "Court holds that property owner can sue water main contractor after flooding" »
For decades, Michigan did not allow the statute of limitations to run if a wrong-doer continued engaging in the same wrongful conduct. This policy encouraged victims to be patient in responding to negligence and nuisance and to seek out non-litigious solutions and negotiated settlements. Several years ago, however, the insurance-friendly majority of the Michigan Supreme Court handed down a ruling completely wiping out the "continuing wrong" doctrine. Under the reactionary approach of the Engler justices, the statute of limitations would run from the first day of any trespass or tort, and regardless of how many times it was repeated, the victim would have no recourse after the statute of limitations was applied to that first transgression.
Continue reading "Another party denied justice by Engler Majority's decision eliminated "continuing wrong" statute of limitations." »
The Court of Appeals this week upheld a Grayling verdict on behalf of Gary and Patricia Christie against Charles L. Fick and his company. The Christies had rented a cabin from Fick for seven years. When Ms. Christie did not have the wherewithal to pay that month's rent on Fick's demand, and was asked to return when Mr. Christie returned from an errand, Fick apparently decided to resort to self help. He returned while the Christies were not at home, removed and stored their belongings, and locked the Christie's out of the cabin, in violation of MCL 600.2918. Their property was subsequently damaged in storage.
Continue reading "Tenants "locked out" are allowed to collect exemplary damages; verdict upheld" »
Stuart Howard experienced a fire in 2006. After paying the claim, Nationwide cancelled his policy. He then bought insurance from Farm Bureau. He claimed that a typewritten Farm Bureau application was prepared by the insurance and merely offered for his signature. After a second fire occurred while Howard was absent, Farm Bureau voided its policy and returned Howard's premium instead of paying for the fire damage. The second fire was caused by a space heater that Howard was using to heat the home because his furnace wasn't operating, and Farm Bureau pointed to entries on his application representing that the furnace in the home was new in 2004.
Continue reading "Farm Bureau allowed to invalidate homeowners insurance after fire occurs" »
In Fox v. Sherwin-Williams Company, the defense attorneys' error in disclosing to the Court and publishing a mediation recommendation, turned a $4,500.00 dispute into a brouhaha that ultimately led to an award of more than $25,000.00 in sanctions against the plaintiffs. The Court ultimately reversed those sanctions and sent the case back for one more round of bitter wrangling. Judge Peter D. O'Connell, one of the more thoughtful and least partisan of the Court's judges wrote a thoughtful concurrence on the issue of judicial bias and recusal. He pointed out that through no fault of her own, the District Court judge in this case had become personally embroiled in the party's bitter dispute over the weather-proofing of a deck, and should be removed from the case.
Continue reading "Court reinstates breach of warranty claims; discusses judicial bias" »
Mario Genna and his family sued the contiguous condominium owner after her unit was left unoccupied for several months and became contaminated by mold. She had developed a serious plumbing leak that went undiscovered. Several of the molds identified when the condition was finally discovered were known to cause significant health problems with constant exposure.
The Genna family suffered severe respiratory and digestive problems and ultimately had to leave their home before the children's health improved. When the problem with the neighboring condominium was revealed, they sued the neighbor for damages and recovered a verdict of more than $300,000.00. The neighbor's insurer appealed, arguing that the family did not present adequate expert testimony linking the children's health problems to the mold exposure.
Continue reading "Children injured by toxic mold can recover against neighboring condominium owner" »
Gerald T. and Jonna Heaton sued their builders after the foundation of their new home shifted twice, during construction, necessitating substantial repairs and modifications. They sued alleging contract violations and negligence, but only the negligence theories went to trial. Ultimately, the jury awarded them more than $70,000.00 in costs to repair and another $200,000.00+ for diminution in market value. The Defendants argued that Heatons should not have been allowed to recover both forms of damages.
Continue reading "Contractor must pay for cost to repair home to make it saleable, and diminution of market value" »