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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.

Posted:
April 6, 2013
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Negligence Cases in the News: Hospital Malpractice Cases

Negligence Cases in the News:

Hospital Malpractice Cases

The Buffalo News reported recently a distressing story. It has been alleged by several citizens that a local hospital caused them to become infected with hepatitis. Specifically, in a suit filed each alleges that the source of the disease was the hospital staff inappropriately reusing surgical needles that had been used on other patients, a definite cause of hospital malpractice.

Generally speaking, it is well known that hospitals, because of ill patients, can be a dirty environment from which a patient can contract a generalized infection. Its a risk, in other words, that can not be eliminated. For this reason, the usual medical negligence or hospital malpractice case will be dismissed, so long as, the hospital is able to establish that it implements industry approved sanitation and sterilization processes.

On the other hand, where a discrete source of infections can be established based upon a violation of industry standards, and then an injured patient may have a cause of action. Certainly if it was proven or admitted that needles were reused without sterilization, that could be a discrete cause of an infection. Another common scenario for either hospital negligence, or even hospital malpractice, is the failure to remove all instruments, bandages, or gauze after a surgery. These foreign objects are many times the source of post surgical failure to heal, pain, and infection.

Guy Vining, an experienced personal injury 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 or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

Posted:
April 6, 2013
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Negligence Cases in the News: Consumer Protection Actions

Negligence Cases in the News:

Consumer Protection Actions

On a “lighter note” Bloomberg has recently reported that lawsuits have been filed against Anheuser-Busch by consumers in several states via the Consumer Protection Actions. Yep, it is alleged that the old “King of Beers” is ripping off consumers because it adds water to the finished product which diminishes the alcohol content. Say it ain’t so!

     In Michigan, the State Legislature enacted the so-called Consumer Protection Act years ago. See MCL 445.901. This act provides for damages and injunctive relief to protect consumers from various types of bait-and-switch, misrepresentations and consumer scams.

     If you or a loved one have any questions about the Michigan Consumer Protection Act, please fee free to call Guy Vining of the Vining Law Group, PLC, for a free consultation.

[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:
April 6, 2013
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Personal Injury Cases in the News: Medical Malpractice

Personal Injury in the News:
Medical Malpractice

 

The Toledo Blade recently reported a suit by an Ohio resident against a hospital which allegedly failed to diagnose bleeding in the patient’s skull. The allegation is that the undiagnosed condition resulted in stroke and physical disability.

 

A common type of medical malpractice case is the “failure to diagnose,” or the “failure to monitor” case. The pattern is that illnesses have various abnormal presenting signs which need to be considered through a process of differential diagnosis to determine and treat the cause. The medical professionals are supposed to be acquainted with the various abnormal signs and develop a differential diagnosis of what the cause possibly is and then perform tests to rule them in or out. A missed diagnosis is a very serious matter, and can result in serious injury or death.

 

As an example, consider the condition of ectopic pregnancy. In years past, Guy Vining represnted several victims of this conditions. An ectopic pregnancy is the development of a fetus outside of the uterus, usually into a fallopian tube. The warning signs include swelling and extreme pain in the patient. The risk is extreme, too, because if the fetus is not timely removed, the falliopian tube may rupture leading to the patient’s death by bleeding. The practitioners therefore must have a high index of suspicion for ectopic pregnancy when presented with a young woman and these symptoms. Appropriate care would include taking a history of sexual activity, last menses, ordering a pregnancy test and an ultrasound.

 

As earlier mentioned, if the diagnosis is not made, the rupture can lead to loss of the fallopian tube or even death. If you or a loved one have suffered the loss of a fallopian tube or another serious personal injury because of the failure to make a medical diagnosis, you may have have a compensible loss. Be sure to promptly get advice from a qualified attorney in regard to your personal injury.

 

[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:
February 21, 2013
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Personal Injury Cases in the News: Product Defects

Personal Injury Cases in the News:

 

Product Defects

 

     On February 3, 2013 The Fresno Bee reported that a California resident was awarded $1,000,000.00 in the settlement of his personal injury case. His arm was crushed while he was working in a watermelon processing plant, forcing him to undergo several surgeries. While his condition is stable, it is likely that he will never be able to do labor again.

 

     In Michigan, there are certain laws that protect workers on the clock and those at home from potentially harmful products. It’s called product liability, as governed by MCL 600.2946. In such cases, one must be able to prove a few things, as outlined by Edward M. Swartz in “Proof of Product Defect“:

 

     “The plaintiff’s case rests on three issues of fact: whether there is (1) a defect, (2) a proximate cause, and (3) damages. The plaintiff’s use of the product may not be a separate issue, only evidence that a defect or proximate cause was not present.

***

     A defect need not be only a broken part. The concept includes: improper design, improper choice of materials or components, failure to use safety devices, inadequate warnings, inadequate instructions, improper assembly and manufacture, and inadequate advertising and marketing. A defect may exist in any phase of production which may affect safety, including manufacture, assembly, design, materials, selection of component parts, inspection, packaging, instructions, warnings, promotion, certification, and testing.”

 

If you or a loved one have been injured by a potentially defective product, call Guy Vining of the Vining Law Group today for no-cost consultation.

 

[Guy Vining, a personal injury 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:
February 20, 2013
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Employment Cases in the News

Employment Cases in the News

 

     The Statesman Journal (Oregon) recently reported that a government employee filed a claim for public policy discharge against her employer. In Michigan a discharge against public policy is an exception to the employment at will rule. Generally, an employee, not in a union, or not protected by a written contract has no protection against non-discriminatory discharges.

 

     However, in Michigan even such an at-will employee may not be terminated for the employer’s violation of a public policy. For an example, an employee may not be fired for refusing to violate the law. Such a case was Trombetta v. Detroit, T&IR, Co., 81 Mich App 489 (1979). In fact, it expressly affirmed the following principal:

 

“Such a cause of action has been found to be implied where the alleged reason for the discharge of the employee was failure or refusal to violate a law in the course of employment. Thus, in [citation omitted], the Court said that it would be impermissible to discharge an employee for refusing to falsify pollution control reports that were required to be filed with the state.”

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“This court has recognized exceptions to the well established rule that at-will employment contracts are terminable at any time for any reason by either party. These exceptions were created to present individuals from contravening the public policy of this state. It is without question that the public policy of this state does not condone attempts to violate its duly enacted laws.”

 

     If you or a loved one have been fired for refusing to follow an illegal order at work, call Guy Vining.

 

Guy Vining has practiced law throughout the state of Michigan. His office is located in the downriver city of Taylor where he primarily serves the Metro-Detroit area. He has represented employers and employees in employment litigation in the trial court and the appellate courts in the following areas: whistleblower, breach of contract, public policy, discrimination, wage and hour violation, covenants not to compete, Americans with disabilities action and retaliation

Posted:
February 19, 2013
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Business Cases in the News: Shareholder Oppression

Business Cases in the News:

 

Shareholder Oppression  

 

     In the recent (unpublished) case of Berger v. Katz, Case No.: 293880 the Michigan Court of Appeals, the appellate court of Michigan, affirmed (agreed with) significant relief afforded to the minority shareholder. In doing so the Court of Appeals swept aside the argument of the Defendants that the minority shareholders were not entitled to relief under MCL 450.1489 because all of their decisions and conduct was authorized by the bylaws.  The Court of Appeals noted that even authorized and legal decisions could still be oppressive to the minority shareholders.

 

     In reaching their decision, the Court of Appeals looked at the statutory language:

 

MCL 450.1489 provides, in relevant part:

 

(1) A shareholder may bring an action in the circuit court of the county in which the principal place of business or registered office of the corporation is located to establish that the acts of the directors or those in control of the corporation are illegal, fraudulent, or willfully unfair and oppressive to the corporation or to the shareholder…

*****

(3) As used in this section, “willfully unfair and oppressive conduct” means a continuing course of conduct or a significant action or series of actions that substantially interferes with the interest of the shareholder as a shareholder. Willfully unfair and oppressive conduct may include the termination of employment or limitation on employment benefits to the extent that the actions interfere with distributions or other shareholder interests disproportionately as to the affected shareholder. The term does not include conduct or actions that are permitted by an agreement, the articles of incorporation, the bylaws, or a consistently applied written corporate policy or procedure.

 

     If you or a loved one are a victim of oppressive conduct, call Guy Vining of the Vining Law Group, PLC, for a discrete and no charge consultation. Elements of oppressive conduct found by various courts include: being denied notices, changes in bylaws and articles of incorporation, insider contracts, salary elimination, termination of employment, issuing stock without need the corporation, significant pay and benefit increases to those in control of the corporation and denying the minority shareholders a voice in management.

 

Guy Vining has practiced law throughout the state of Michigan. His office is located in the downriver city of Taylor where he primarily serves the Metro-Detroit area. He has represented shareholders in stock court actions including the Court of Appeals. All initial consultations are confidential and without charge. Please feel free to call.

Posted:
February 11, 2013
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Discrimination Cases in the News:

Discrimination Cases in the News:

 

     The Boston Herald on February 7, 2013 reported that a sex/gender discrimination case had been settled between a high level physician and the Beth Israel Deaconess Medical Center. In the suit the female physician accused the medical center of gender discrimination and retaliation while she served as the chief of the anesthesia and critical care departments.

 

     In Michigan, discrimination in employment based upon gender, is expressly prohibited by the Elliot Larsen Civil Rights Act, MCL 37.2102. Since our employment is so important to our financial, physical and emotional well being you should be vigilant to protect yours. If you are experiencing difficulties at work it wise to seek legal advice before termination. If you or a loved one are experiencing employment problems, please feel free to contact Guy Vining.

 

     Guy Vining of the Vining Law Group has been privileged to have represented employees in such cases, as well as, employers. He has represented employers and employees in the trial and appellate courts in these areas. If you or a loved one feel as though you were discharged as a violation of public policy, feel free to call Guy Vining to day for a no-charge consultation.

 

Guy Vining has practiced law throughout the state of Michigan. His office is located in the downriver city of Taylor where he primarily serves the Metro-Detroit area. He has represented employers and employees in employment litigation in the trial court and the appellate courts in the following areas: whistleblower, breach of contract, public policy, discrimination, wage and hour violation, covenants not to compete, Americans with Disabilities action and retaliation

Posted:
April 11, 2012
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Employment Law in the News

Employment Law in the News

From time to time Guy Vining of Vining Law Group, PLC, (VLG) has both prosecuted and defended employment law claims for individual clients and various corporate clients. Employment law cases generally are very difficult because they are factually intensive requiring the review of many documents and the interviewing or deposing of multiple witnesses. Unlike a traffic accident case where the question might simply be: red light or green light?; the employment case may span many years and many incidents or events.

A great deal of care should be employed in determining who to hire to represent you in your employment law case. These cases require meticulous preparation and tenacity in advancing or defending the case. Past trial experience, good abilities at legal research, writing and trial practices are a must. Moreover, your attorney needs to have life experience and understand how witnesses and jurors see things.

Guy Vining offers a free telephone consultation with respect to employment law cases. In the event that he can help you with a particular matter he will set up an appointment to discuss the matter in greater detail. Since Mr. Vining has been helping people with these kinds of matters since 1982 he will be able to appropriately analyze your case. Please call for free to discuss yours at 734.281.2050. He has experience in prosecuting and defending sexual harassment cases; whistleblower cases; terminations in violation of public policy cases; and, general discrimination matters, including retaliation cases.

Guy Vining has practiced law throughout the state of Michigan. His office is located in the city of Taylor, Michigan, where he primarily serves the Metro-Detroit area. He has represented employers and employees in employment litigation in the trial court and the appellate courts in the following areas: whistleblower, breach of contract, public policy, discrimination, wage and hour violation, covenants not to compete, Americans with disabilities action and retaliation

Posted:
July 8, 2010
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Comments Off on Part 3. What to consider in hiring your bankruptcy lawyer

Part 3. What to consider in hiring your bankruptcy lawyer

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

In this part 3 of essentials in hiring your bankruptcy attorney or lawyer Guy Vining will futher explain why it is tremendously important to use care in hiring your bankruptcy attorney. As earlier indicated do not be ashamed to actually interview your prospective bankruptcy attorney. Afterall, its your financial life which is at stake and you deserve to have a bankruptcy lawyer who is both knowlegeable and also personable. In other words, legal bankruptcy counsel with whom you can trust to handle your matter in a competent manner and also who you like working with.

6.    At your initial meeting [ or before if you like ] you should be given a number of very important documents and discuss them at least in a general way. Keep in mind that a bankruptcy attorney’s time is precious, as is yours, and so many attorneys do not discuss at an initial meeting everything in great detail but deffer detailed anaylsis or discussion until they are actually retained [ hired ]. At the Vinig Law Group, PLC at every initial conference, however, the prospective client is given a number of important items to help them to assist in preparing their case and thinking through their finances. You should ask any bankruptcy attorney you interview to provide with at least the following items: 527 disclosures, checklist for required documents and detailed questionaire form.

7.    The 527 disclosure forms are actually required by the Bankruptcy Code. In the recent reformation of the Bankruptcy Code the US Congress determined that consumers MUST be give and sign to acknowlege receipt of these forms. These disclosures set forth many of your rights and also your obligations in filing for a bankruptcy. These are very detailed and can not be covered in the brief space of this posting but a few important areas follow. Among other things, the 527 disclosures cover the distinctions between common bankruptcy chapters. These chapters are outlined in a general way, the concept of a discharge in bankruptcy and what it means to you, options avalible other than bankruptcy, the need for absolute accuracy and honesty in the preparation of bankruptcy schedules, proper methods of valuation of property in your individual case and many, many other items are covered. At the Vining Law Group, PLC it is the practice to give out this material whether we are hired or not as it is important information for you to have. Generally, Guy Vining will discuss these items briefly and then if retained will answer any specific questions regarding the 527 disclosures at your second meeting with him. Make sure that you receive a copy of these important disclosures either before or at the time of your first appointment with your bankruptcy lawyer or bankruptcy attorney. They will be invaluable to you in understanding your rights and obligations.

8.    Your bankruptcy attorney should also give you a detailed checklist of what paper work is required from you to file a bankruptcy case. The practice at Vining Law Group, PLC is provide the same free of charge upon the asking or at the first meeting for a no cost consultation. You will find that most bankruptcy attorneys will have their own form of a checklist and will or should provide the same for you at no cost. These materials are essential and I repeat essential. If you file your bankruptcy case without having all the needed paper work your case might become a great deal more expensive as your attorney may need to get involved to obtain the same for you or repeated meetings of creditors may be required. In extreme cases your bankruptcy petition could even be dismissed because under the Bankruptcy Code you have an absolute duty to provide certain information and to cooperate with the trustee that is appointed to administer your estate. Under most circumstances it is the recomendation of the Vining Law Group, PLC that you do not file a bankruptcy petition until all your paper work is in order…why take a chance at something so important? Moreover, thes e documents may become extremely important in determing what your property consists of and what you can exempt [ keep ]. finally, certain documents may need to be anaylzed by your bankruptcy attorney so thet the property can be appropriately classiifed and scheduled on your bankruptcy schedules. Guy Vining will be pleased to discuss with you the documents which are required to successfully complete your bankruptcy.

9.    At your initial, no charge consultation at the Vining Law Group, PLC, its principal, Guy Vining, will also give you a detailed questionaire to complete. We call this your homework and indeed it is not easy for most folks. What’s the expression: no pain, no gain? This ” homework” must be completed as the bankruptcy process is meticulous and a good bankruptcy attorney will not file sloppy or incomplete schedules. Most bankruptcy attorneys will also provide with some document which is similar to help you help the bankruptcy lawyer help you. You see the bankruptcy petition is a series of schedules which identifies you as an individual, accounts for all of your assets, all of your liabilities, determines which items of property you wish to retain [ exempt ] and describes in great detail all of your recent income and financial affairs. Most bankruptcy attorneys have some questionaires avaliable to assist in the preparation of the schedules which need to be filed with the court. If you would like to obtain one to see what is entailed before an initial no cost meeting Guy Vining will be pleased to make the same avaliable to you. If you retain Vining Law Group, PLC, Guy Vining is most pleased to help with areas on the questionaire which you find to be difficult or complicated.

As earlier indicated when choosing your bankruptcy lawyer do not hestitate to ask a lot of questions concerning the bankruptcy attorney’s experience, philosophy of practice and about the tye of attorney client relationship that you can expect. Guy Vining has been a life long resident of the metro-Detroit so-called downriver area and has been of service to hundreds and hundreds of clients in multiple legal areas and has dedicated his professional practice to helping others. If you have any questions please feel free to emai or call Mr. Vining.

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