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Archive for May, 2013

Posted:
May 16, 2013
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Personal Injury Cases in the News

Personal Injury Cases in the News

The Chicago Tribune recently reported that the Estate of NHL player Derek Boogaard has filed a suit against the NHL attributing his personal injury to its unlawful practices. Specifically, it is alleged that Boogaard regarded as a hockey “enforcer” took up to 10 oxycodone pain killers a day, and that the league knew or should have known, that players with brain damage are at higher risk for drug addiction.

In Michigan, the usual remedy for an injury to a worker is under the Workers’ Compensation Act, MCL 418.131. Under this statute for a work related injury the general rule is that it is the worker’s exclusive remedy. Under the statute there is a trade off in that the worker’s rights to compensation are limited but are insured in that employers defenses of worker’s comparative fault are eliminated. This is true with respect to employer negligence. However, where the employee is able to establish much more than negligence, there is the intentional tort exception to the exclusive remedy rule.

For instance, in McNees v. Cedar Stampings, Co., 184 Mich App 101 (1990) allegations that an employee was injured by a defective foot pedal while operating a stamping press was sufficient to state a claim for intentional tort. That is because the employer was aware of the defect but still ordered the employee to operate the press while knowing that an injury was likely to occur under the circumstances.

If you or a loved one have been injured at work and need legal advice, please feel free to call Guy Vining. All initial consolations are free of charge and all injury cases are handled on a contingency fee basis so that you have no obligation unless you prevail in the case.

Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.

Posted:
May 16, 2013
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Bankruptcy Cases in the News

Bankruptcy Cases in the News

             The 6th Circuit Court of Appeals (which covers Michigan) issued a very important decision in Richardson v. Schafer, 689 F.3d 601 (6th Cir., 2012). The case is noteworthy because it is of assistance to debtors in their bankruptcy case by allowing them to retain more property.

In this case, the debtor elected to exempt property under the Michigan State Bankruptcy Exemptions instead of the Federal Exemptions. The selection was probably because the debtor had a great deal of home equity protectable as tennants by the entireties (marital home) laws and little joint debt. The trustee, to unlock value for unsecured creditors argued that the Michigan Bankruptcy Exemptions were unconstitutional and that the debtor was only allowed the lesser exemptions provided by the general exemptions statute in Michigan.

The 6th Circuit Court of Appeals disagreed. It held that Michigan debtors were allowed to use either set, i.e., the general exemptions under MCL 600.6023 or the Bankruptcy Exemptions under MCL 600.5451. Generally speaking the latter is more generous to debtors. This allows the debtor to retain more property for his/her fresh start. The bottom line was that the Michigan Legislature did not violate the Constitution by intruding in a Federal law.

Proper exemption planning is critical to a successful outcome in a bankruptcy case. If you or a loved one would like information concerning protection from creditors and obtaining a fresh start, just call Guy Vining. Guy Vining is pleased to discuss your situation confidentially, and without initial charge.

Guy Vining, a bankruptcy attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member of friend would like a no-obligation no cost consultation/financial analysis, just call or E-mail Guy Vining of Vining Law Group, P.L.C to schedule a meeting.]

Posted:
May 16, 2013
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Personal Injury Cases in the News

Personal Injury Cases in the News

            San Angelo Standard-Times recently reported the settlement of a personal injury which lead to an inmate’s death by suicide. The suit alleged “police misconduct” in that County officials in Lindon County, Nebraska failed to properly monitor the inmate, as they knew or should have known that he was a suicide risk because he was trying to kill himself when arrested.

In Michigan, a constitutional claim against governmental offices may be prosecuted pursuant to 42 USC §1983. A theory of liability sometimes used is that police officers may not be deliberately indifferent to an inmate’s medical needs. Under the statutes, it is illegal under colors of authority to deprive a person of any rights, privileges, or immunities secured by the Constitution and other laws. Other types of claims may be predicated upon by Section 1983, such as excessive force, is an arrest and failure to secure needed medical attention. For instance, your writer is aware of one case in which the police knew that the person they arrested had swallowed cocaine to hide it. Despite that the police officer transported the arrestee to the jail instead on an emergency room. A significant settlement was reached after the inmate died from cocaine poisoning.

If you or a family member have a question as to whether your civil rights have been violated by police or other misconduct, call Guy Vining. All initial conferences are free of charge. In addition, these types of matters are handled by the firm on a contingency fee basis, so you will not pay a fee out of pocket. Guy Vining is pleased to assist you, and your interview is completely confidential.

 

Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims. His firm sees clients throughout the downriver communities of Rockwood, Gibraltar, Brownstown, Trenton, Grosse Ile, Woodhaven, Riverview, Southgate, Dearborn, Ecorse, Romulus, Taylor, and of course, Wyandotte.