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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.

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.]

Bankruptcy Cases in the News: Federal and State Exemptions

Bankruptcy Cases in the News

Federal and State Exemptions

     Under the Bankruptcy Court, a debtor may elected between two sets of exemptions in a Chapter 7 case, the Federal exemptions, or (in Michigan) the Michigan exemptions. Generally, the Federal exemptions give the greatest coverage of property to the debtor. Exempt property is property that the debtor gets to keep from creditors and the trustee, which forms the basis of his or her fresh start going forward.

     In certain interesting circumstances, however, the Michigan exemptions are more favorable to the Chapter 7 debtor and should be elected. For instance, under the Federal exemptions, exemptions about $42,000.00 in home equity can be exempted by a married couple. However, if the home is jointly owned as entireties property (husband and wife) either may file individually a bankruptcy and exempt their entire equity, no matter how great, from all individual creditors.

     That is because the historical purposes of the state law favors protecting an innocent spouse from the debts of his or her spouse to preserve their primary residence. This concepts has been explored and defined in several published court decisions. For instance, see: In re: Trickett, 14 Br 85 (Bank W.D. Michigan) 1981; and, In re: Grosslight, 757 F2d 773 (6th Cir. 1985).

     One of the keys to this relief is the absence of joint indebtedness. So, if the non-filing debtor is jointly responsible on some of the incurred debt, the trustee may argue that it should be allowed to administer the estate (sell the martital home) to the extent of the joint obligations. Still, this type of harsh relief must be examined on a case-by-case basis as noted by Judge McIvor in In re: Edwin Harlin, 325 BR 184, 189 (Bank E.D. Mich) 2005:

“As a general rule, courts have been very reluctant to apply 11 USC §363 (h) to allow the sale of entireties property owned by the debtor, and a non-debtor spouse. The case law is well summarized in Collier on Bankruptcy as follows: Disputes over the applicability of a section (h) to tenancies by the entireties have created the largest number of reported cases under section, perhaps because of the unique nature of the ownership interest, the variations among the states as to the nature of the interest and the rather draconian remedy that section 363(h) gives the trustee, contrary to the deep historical roots of the form of title, which is supposed to protect each spouse from the unilateral action of the other… Thus, although generally speaking property held by the debtor as tenant by entirety is subject to sale under section 363(h), courts have erected various obstacles to such sale.”

     This suggests, of course, that married couples should strongly consider never co-signing for the other and avoid all joint debt. Also, they might consider making sure to concentrate payments to reduce and eliminate joint debt as a priority over individual debt, in the ordinary of their payments.

     If you or a loved one are considering whether bankruptcy relief would be helpful for you, please make sure to consult a qualified debt relief agency/attorney. Guy Vining is available for a no-charge initial bankruptcy consultation and would be pleased to meet with you.

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.]

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.

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.]

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.]

Business Cases in the News: Shareholder Oppression

Business Cases in the News:

 Shareholder Oppression

 

     In an unpublished opinion last year in Berger v. Katz, Case No.: 291663, the Michigan Court of Appeals sent a strong message to the business community that it would liberally enforce the provisions of MCL 450.1489. That statute gives a remedy to minority shareholders who have suffered  shareholder oppression at the hands of the majority shareholders.

 

     In Berger, the Court of Appeals found evidence that Defendants stopped making payments to Plaintiff, no longer sought his input on corporation matters and substantially increased their salaries at his expense was sufficient to support a claim, for among other things, breach of fiduciary duty. In that regard the Court held:

 

     “Majority Shareholders in a corporation owe “the utmost good faith in its control and management as to the minority and it is the essence of this trust that it must be so managed so as to produce to each shareholder, the best possible return upon his investment.” Salvador v. Connor, 87 Mich App 664, 675; 276 NW2d 458 (1978), quoting 6 Callaghan’s Michigan Civil Jurisprudence (2d ed), §166, p 365. Where the evidence shows that majority shareholders improperly diverted corporate funds, a breach of fiduciary duty of the majority shareholders can be found. Salvador, 87 Mich App at 675-677.”

 

     If you or a loved one are involved in a corporation or limited liability company (LLC) and need assistance, just call Guy Vining. Guy Vining of the Vining Law Group, PLC, has assisted many minority shareholders in cases involving oppressive conduct of the majority shareholders. Your initial meeting will be without any charges and strictly confidential. Many of these cases can be prosecuted on a contingency fee basis so that you will not pay an attorney fee unless there is a favorable financial outcome.

 

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

Personal Injury Cases in the News

Personal Injury Cases in the News

 

     The Houston Chronicle recently reported on February 7, 2013 that the families of two teens have filed suit against the local police department for reckless endangerment, specifically, one teenager died and the other was seriously burned and injured by a speeding police car in pursuit of another vehicle.

 

     In Michigan, a policeman in lawsuit proof — immune — from liability generally pursuant to MCL 691.1401 the governmental liability act. This is so, as long as, the actions are not “grossly negligent.” Gross negligence is defined in the statute as “conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.” MCL 691.1407(7). This proof requires an “almost willful disregard of precautions or measures to attend to safety and a singular disregard for substantial rules.” Tarlea v. Crabtree, 263 Mich App 80, 90 (2004).

 

     If you or a loved one are injured by a police officer, firefighter, or other emergency vehicle operator, call Guy Vining.

 

[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.]

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

Negligence Cases in the News: Construction Accident Cases

Negligence Cases in the News:
Construction Accident Cases

In Michigan a general building contractor may be held liable for damages for personal injuries under certain circumstances. The very nature of construction work lends itself to the necessity of maintaining the safest work environment possible because of the propensity for crippling injuries and death. In a recent case, Guy Vining of the Vining Law Group was able to recover a significant settlement for an individual who was constructing her own home though the service of a general contractor.

In the case the home owner fell from a considerable height from an area that was left unguarded even though it was open to trade people and general laborers.

Specifically, it was alleged that a certain sub-contractor removed safety railings to perform its task but failed to reinstall it leaving a froseeably dangerous condition to exist. The evidence showed that the general contractor had retained control over the project but failed to inspect, discover and ameliorate hazardous conditions.

If you would like more information on construction injury cases call Guy Vining of the Vining Law Group. All injured workers are welcome for reliable and free consultations. These types of cases are normally prosecuted on a contingency basis so that you will pay no attorney fees unless settled to your satisfaction.

Guy Vining, an experienced negligence 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.