Michigan Appeals Court

  • Appeal Affirms Jury Verdict and Holds That Res Ipsa Loquitur Applies in Premises Liability Cases

    January 31, 2019

    In October of 2014, John Pugno, a Rhoades McKee client represented by Stephen Hulst, was injured when a stack of heavy cardboard fell on top of him while he was walking through Blue Harvest Farms’ facility.  Blue Harvest created the stack of cardboard that measured over 14 feet high and weighed over 1,000 pounds. Blue […]

  • Court Ruling Lacks Direction on Ordinary Negligence and Malpractice Claims

    July 30, 2018

    On July 23, 2018, the Michigan Supreme Court released its opinion in Trowell v Providence Hospital (Docket No. 154476) addressing whether the plaintiff’s claims are sounded in ordinary negligence or medical malpractice.  If a claim sounds in ordinary negligence or malpractice is often a critical issue as ordinary negligence claims are not subject to the […]

  • Court of Appeals Publishes Opinion Impacting Use of Experts

    January 4, 2018

    The Michigan Court of Appeals recently published a new opinion clarifying expert qualification for nursing experts and the standard applicable to a request for permission to disclose a new expert following a ruling that the party’s timely disclosed expert is unqualified.  Cox v Hartman, ___ Mich App ___; ___NW2d ____ (2017) (Docket Nos 333849, 333994). […]

  • Take 2? Supreme Court Asked to Revisit Harrison

    December 20, 2017

    Harrison v Munson Hospital leaves the Court of Appeals for a second time on its way to the Supreme Court to possibly consider whether or to what extent peer-review documents can serve as a basis for attorney sanctions. The Supreme Court is once again being asked to address the question of whether a peer-review document […]

  • Court of Appeals Addresses a Plaintiff’s Ability to Pursue New Theories of Malpractice Not Included in the Plaintiff’s Notice of Intent

    October 31, 2017

    The Court of Appeals released a published opinion on October 24, 2017 addressing the analysis required by a trial court where the plaintiff’s experts in a medical malpractice action abandon the standard of care theories in the plaintiff’s notice of intent (NOI) and articulate entirely new standard of care theories not addressed in the notice […]

  • Live to File Another Day

    July 11, 2017

    Michigan Supreme Court Addresses Significance of Notice of Intent Service Date to the Tolling of the Statute of Limitations in Medical Malpractice Actions On June 27, 2017, the Michigan Supreme Court released its opinion in Haksluoto v Mt. Clemens Regional Med Cntr addressing the significance of the date of service of a notice of intent […]

  • New Statute Precludes Plaintiffs in Medical Malpractice Actions from Recovering Windfall in Economic Damages

    January 17, 2017

    (January 18, 2017) Under certain contractual agreements between health insurers and medical providers, many medical providers agree to accept a reduced amount for medical services provided to the patient as payment in full.  The difference between the amount billed and the amount actually accepted as payment in full by the provider is commonly referred to […]

  • Opinion Highlights Danger of Vicarious Liability based on Teaching Contracts with Non-Employed Physicians

    November 1, 2016

    (November 1, 2016) In a recent unpublished opinion, the Court of Appeals reversed the trial court’s decision granting partial summary disposition in favor of defendant Oakwood Healthcare on the plaintiff’s claim of vicarious liability based on the conduct of on-call surgeon Alice Shanaver, DO.  Thomas v Oakwood Healthcare (COA Docket No. 326072).  The plaintiff’s claims […]

  • Recent Ruling May Have Insurance Companies Dusting Off Old Files for New Claims

    September 22, 2016

    (September 22, 2016) Ordinary medical malpractice suits must be commenced within two years of the event at issue or six months after the plaintiff discovers or should have discovered the claim.  In Jendrusina v. Mishra, the Court of Appeals defines in 2-1 newly published decision that when a plaintiff “should have discovered a claim” in […]

  • Michigan Court of Appeals Affirms Order Striking Plaintiff’s Sole Standard of Care Expert

    August 16, 2016

    (August 16, 2016) In a recent unanimous opinion in Walworth v Metropolitan Hospital, et al (Docket No. 327795), the Michigan Court of Appeals affirmed Kent Court Circuit Court Judge Mark Trusock’s order striking the plaintiff’s sole standard of care expert and dismissing the plaintiffs’ complaint shortly before trial.  Walworth involved the performance of a canaloplasty […]