THE MICHIGAN TRIAL REPORTER

Transcription

1 Monthly Summaries of Civil Jury Verdicts From Around Michigan Volume 20 Issue 9 THE MICHIGAN TRIAL REPORTER Your Essential Guide To Case Evaluation Since 1987 Jury Awards $3.2M for Deadly Crash Separate Declaratory Action Resolved Insurance Coverage Dispute BY MARGI BANNER ACircuit Court jury in Oakland County awarded $3,225,000 on a wrongful death claim. Plaintiff's decedent, Mira Abay, was driving in the left traffic lane of the "mixing bowl," where Northwestern Highway, I-696, and Telegraph Roads converge. She realized a vehicle driven by Defendant Kelly Rose Brooks was approaching quickly behind her, so she moved to the right lane. At the same time, defendant moved to the right lane, ostensibly because Abay was blocking her way. As Abay moved right, defendant moved back into the left lane in an effort to pass her. Brooks' vehicle clipped the left rear bumper of Abay's vehicle. The impact caused Abay's vehicle to spin 90 degrees into the other lanes, hit the guardrail, fly into the air, strike a tree and overturn. She was pronounced dead at the scene. There was no dispute over the details of the accident. Brooks, who had a blood alcohol content (BAC) of.23 two hours post-accident, also had evidence of cocaine and Darvcoet in her system. She admitted liability for causing the accident. She was criminally prosecuted for vehicular Municipal Defendants v. All Others in Auto Death Cases $1M $900K $800K $700K $600K $500K $400K $300K $200K $100K 0 Median Verdicts & Settlements (No Causes Omitted) Source: The Michigan Trial Reporter Since 1987 $850,000 Municipal Defs. $750,000 All Others homicide and imprisoned at the date of trial. Brooks was driving a vehicle loaned to her by Defendant Alvin Jerome Taylor. At the time of the accident, Brooks was living at home with her parents, who had insurance for resident relatives through DaimlerChrysler. DaimlerChrysler was found to be the responsible carrier in a separate declaratory judgment action. Plaintiff alleged Brooks was negligent in driving while intoxicated. Plaintiff claimed Taylor was negligent in loaning the car to Brooks when she was intoxicated. Defendants Brooks and Taylor were in default. The jury was charged with assessing liability between them and determining damages. INJURIES: Catastrophic auto injuries resulting in death. VERDICT: $3,225,000, with 75% liability to Brooks and 25% liability to Taylor. For full details, see page 19. SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount NOTABLE DECISIONS No Cause Podiatrist Found Not Liable for Patient s Permanent Toe Injury...6 $1,700,000 Patient Who Suffered Stroke Following Surgery Wins Malpractice Case...13 No Cause Claim Spurred by Delayed Lung Cancer Diagnosis Rejected by Jury...17 $2,500,000 EMU Settles with Family of Murdered Student Prior to Filing of Lawsuit...21 $15,400,000 Female Inmates Claims of Rampant Prisoner Abuse Yields Large Award...22 $20,330 Jury Sides with Woman Assaulted by Boyfriend and Awards Damages...23 CONTENTS Court Index...2 Case Summaries...4 Attorneys...30 Judges...31 Expert Witnesses...31

2 COURT INDEX BAY COUNTY No Cause for State Trooper Accused of Illegal Search and Seizure Clare E. DeBlaay, Amber L. Kozlowske and Brittany M. Samp v. Shane Smith, a/k/a Robert Shane Smith EATON COUNTY Newborn s Adrenal Gland Cancer Prompts Malpractice Claim Rebecca L. Chamberlain, et al. v. Batool Q. Mir, M.D GENESEE COUNTY Insurance Carrier Loses Battle Over No Fault Assignment Terrence Tevis v. AMEX Assurance Company Podiatrist Cleared of Liability for Patient s Toe Injury Geoffrey Gale v. Dennis Green, D.P.M GRAND TRAVERSE COUNTY Child Passenger Suffers Brain Injury in Accident with Mobile Home Anonymous Female Passenger v. Anonymous Driver and Employer...7 INGHAM COUNTY Insurer Ordered to Pay Benefits to Injured Driver Christine A. Henning v. State Farm Mutual Automobile Insurance Company KENT COUNTY Icy Roadway Cited as Contributing Factor in Deadly Crash Estate of Robert Borgman, Deceased v. Martin Carteng, et al Fatal Auto Collision Case Yields Nominal Award Sarah Schoen, Personal Represenative for the Estate of Jerry Winters v. Sarah Ek and Michael Rinks LENAWEE COUNTY Treatment of Wrist Injury at Heart of Malpractice Suit Todd Faust v. Jeffrey Stickney, D.O., et al MACOMB COUNTY Tenant with Orbital Fracture Settles Claim with Landlord Diane Wojcik v. Aerc of Michigan and Aerc Clinton Place, LLC Surgery on Wrong Knee Leads to Plaintiff s Verdict Carolyn M. Sopchak v. Scott T. Monson, M.D., St. John Health System and St. John Center Sudden Emergency Defense Rejected in Auto Dispute John F. Singer, III v. Anuradha Sreenivasan and Balaji Ganapathy..13 Stroke Patient Wins Malpractice Claim Against Physician Jun Park v. Leo J. Murskyj, M.D. and Schoenherr Medical Associates, P.C MONROE COUNTY Jury Affirms Denial of Insurance Benefits Linda Hughson v. State Farm Insurance Scrap Yard Denies Liability for Visitor s Foot Injury Charles Peterson v. Gasper Recycling, Ronald J. Gasper, et al.r OAKLAND COUNTY Head Injury Auto Claim Settles Prior to Trial Betty Joy Anderson, Conservator and Guardian of Kymberlie Anderson v. BASF Corporation, Wheels, Inc. and Robert Michael McGrail Timing of Lung Cancer Diagnosis Questioned by Patient s Family Suzanne Bailey, Personal Representative of the Estate of Clyde Richard Bailey, Deceased v. Mahmood A. Khalid, M.D., Khalid & Associates, MD, PC, Abdul Hasan, M.D. and Cardiology and Vascular Associated, PC, Harvey Wilner, M.D. and CT Scanning Center SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

3 No Cause in Suit Seeking Civil Remedy Against Convicted Sex Offender Rachel-Rose Trakhtenberg, by and through her next friend, Lilya Tatarly v. Jacob Trakhtenberg and Golda Noble Fatal Freeway Accident Settles Pretrial Estate of John Doe v. ABC Trucking Company Alcohol and Drugs Fuel Fatal Auto Accident Estate of Mira Abay v. Kelly Rose Brooks and Alvin Jerome Taylor..19 COURT INDEX Jury Awards Past and Future Commissions to Sales Representative Votar, LLC v. HS R&A Company, Ltd SAGINAW COUNTY Van Passenger Fails to Prove Driver Was Liable for Accident Laura Woods v. Margaret Naylor WASHTENAW COUNTY EMU Pays Settlement to Family of Murdered Student Family of Laura Leigh Dickinson v. Eastern Michigan University Female Prisoners Awarded Millions for Sexual Abuse Neal, et al. v. Michigan Department of Corrections, et al WAYNE COUNTY Serious Impairment Claim of Motorist Rejected by Jury Jane Huebner v. State Farm Insurance Company, et al Woman Awarded Damages Against Boyfriend for Assault Kim Foster v. Erick R. Thomas Pit Bull Bite Garners Award for Woman s Foot Injury Crystal Neal v. Cornelius Usher and Robert Usher Jury Orders Insurer to Pay PIP Benefits Antonio Hayes v. Farmers Insurance Exchange First Party PIP Claims Rejected by Jury Carla Nelson v. State Farm Insurance SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 3

4 Bay County United States District Court Bay City No Cause for State Trooper Accused of Illegal Search and Seizure Clare E. DeBlaay, Amber L. Kozlowske and Brittany M. Samp v. Shane Smith, a/k/a Robert Shane Smith LUDINGTON, THOMAS L. No cause Thomas L. Ludington Date of 10/24/2007 GIBSON, FRED L. FARRELL, JAMES T. Fred L. Gibson, Clinton Township James T. Farrell, Lansing Facts: Three female college students accused defendant state trooper of violating of their civil rights following a seat belt stop. Defendant denied plaintiffs accusations and the jury returned a verdict in favor of defendant. Plaintiffs Clare DeBlaay, Amber Kozlowske and Brittany Samp were college students sharing an evening together. DeBlaay was driving her vehicle with Kozlowske and Samp as passengers when they pulled into a convenience store on March 5, They were stopped by Defendant Shane Smith, a Michigan State Trooper, because Samp was allegedly not wearing a seat belt as they drove into the parking lot. Defendant searched the car and found opened and unopened beer containers in the vehicle. He administered a breathalyzer test which showed all three plaintiffs had been drinking alcohol. Defendant told the plaintiffs he was going to issue them tickets for being Minors in Possession of Alcohol (MIP). Plaintiffs were not allowed to drive from the scene, so DeBlaay called a friend to drive them to DeBlaay s home, since her parents were out of town. Plaintiffs asked if there was anything they could do to not be issued the MIP ticketsand defendant allegedly said they would discuss possibilities. Meantime, he followed plaintiffs to DeBlaay s home. Once the girls were at DeBlaay s home, defendant searched the house, even though Plaintiff DeBlaay told him there was no one home. After searching the basement, defendant, a K-9 officer whose dog was trained to search for drugs and was in his patrol car, informed plaintiffs he was going to search them for drugs and offered them the choice of searching them there or at the county jail by a female officer. Plaintiffs chose to be searched at the house. They claimed defendant had each of them go into a bedroom in the basement, take off all of their clothes and hand them to the defendant who was standing outside the door. Defendant found no evidence of drugs on their clothing. He then wrote out the MIP tickets and issued them to the plaintiffs. Defendant left the residence and returned when plaintiffs telephoned him to again ask what they could do to have their tickets dismissed. Plaintiffs claimed defendant told them he would dismiss the tickets if they agreed to buy drugs as undercover informants. Plaintiffs agreed, although they later claimed they were forced to consent. Defendant turned plaintiffs over to an undercover member of a narcotics team, Andrew Ambrose. Plaintiffs attempts to buy drugs were unsuccessful. All plaintiffs eventually informed their parents of the sequence of events and all three pleaded guilty to MIP charges. They then sued for Fourth Amendment violations. Plaintiffs alleged defendant unlawfully entered, searched and seized DeBlaay s house and their clothing. They claimed due process violations on a state-created danger theory, as defendant was not able to dismiss their MIP tickets. Plaintiffs also alleged false arrest and false imprisonment by defendant forcing them to act as drug informants. Lastly, they argued that defendant violated Michigan s Elliot Larsen Civil Rights Act when he exerted his authority over them because of their gender, as he had no reason to follow them into the DeBlaay home. Defendant denied all allegations and contended his actions were justified by plaintiffs criminal conduct. He claimed he was entitled to governmental immunity. Defendant asserted that DeBlaay gave him permission to search her house and denied that he searched plaintiffs clothing. Defendant also argued that plaintiffs volunteered to act as informants, so there was no violation of the right to be free from state-created danger. Defendant testified that he followed plaintiffs to DeBlaay s house because he thought they might have been lying about DeBlaay s parents being out of town and maintained that DeBlaay and Samp originally suggested assisting in undercover investigations in return for dismissal of the MIP tickets. Plaintiff Profile: Plaintiffs were three 20 year old female college students. Alleged Injury: Violation of plaintiffs Fourth Amendment Rights. Plaintiffs sought in excess of $75,000, including punitive, compensatory, consequential and special damages, plus interest and attorney fees. 4 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

5 Self-insured 1:05-CV Editor s Notes: Information for this summary was obtained from another published source. Eaton County Circuit Court Charlotte Newborn s Adrenal Gland Cancer Prompts Malpractice Claim Rebecca L. Chamberlain and Onika Chamberlain v. Batool Q. Mir, M.D. OSTERHAVEN, CALVIN E. Date of 11/1/2007 AMLIN, DARRELL M. DALTON, JAMES L. $25,000 for a five month period from diagnosis. See Editor s Note. Calvin E. Osterhaven Darrell M. Amlin, St. Clair Shores James L. Dalton, E. Lansing Facts: There was no dispute that the minor plaintiff was born with adrenal gland cancer. However, the question for this Eaton County Circuit Court jury to decide was whether defendant family practitioner should have diagnosed her condition prior to or shortly after birth. Defendant contended she appropriately evaluated plaintiff. The jury awarded $25,000 to plaintiff infant. Plaintiff Rebecca Chamberlain, mother of infant Plaintiff Onika Chamberlain, presented to her treating family practitioner, Defendant Batool Mir, M.D., three weeks before the birth of Onika. A prenatal ultrasound was performed and a mass was detected in the fetus. Defendant reassured plaintiff mother that the fetus was fine, but follow-up care would be needed. Chamberlain gave birth three weeks later. Both mother and child remained hospitalized for 10 days following the birth for treatment of Plaintiff Rebecca s postpartum infection. Defendant saw them both on a daily basis during that time. After Onika s birth, defendant performed an abdominal palpitation and claimed she watched for clinical signs of any symptoms from the mass, but found none. They were discharged and plaintiffs continued treating with defendant for approximately one month, then changed practitioners. Five months post-delivery, Onika was diagnosed by another pediatrician with neuroblastoma (cancerous tumor of the adrenal gland). The child underwent a course of chemotherapy followed by surgery to remove the tumor. Plaintiffs alleged defendant s failure to diagnose Onika s cancer was a violation of the standard of care and an earlier diagnosis would have avoided chemotherapy and less invasive surgery would have been necessary. Plaintiffs argued that defendant should have performed another ultrasound prior to birth and/or an ultrasound after delivery. Plaintiffs asserted that defendant should not have relied upon an abdominal palpitation or clinical changes only in order to determine whether the mass was a problem. Plaintiffs expert conceded that, if skin lesions were present at birth, the cancer had likely metastasized at that time. Defendant contended she did not violate the standard of care and abdominal palpitation was appropriate, as was observing clinical changes. The minor plaintiff was born with upper body skin lesions (skin tags), as noted by defendant. An expert witness opined that, if lesions were present, the cancer had metastasized prior to birth and chemotherapy and surgery were required. Defendant further argued that she treated the mother and child for just one month post-delivery before they sought treatment from another physician. Plaintiff Profile: Plaintiff infant was a newborn female. Alleged Injury: Delay in diagnosis of neuroblastoma resulting in the need for chemotherapy and more invasive cancer surgery. Plaintiff claimed residuals as a result of the chemotherapy, as well as pain and suffering for undergoing the treatment and more invasive surgery. Sandoval, Claudio, M.D. Morrison, Michele, M.D. Yanik, Gregory, M.D. Wycoff, John O., D.O. 1 day ProNational Claudio Sandoval, M.D. Pediatric Oncologist Valhalla, NY Michele Morrison, M.D. Family Medicine Olympia, WA Gregory Yanik, M.D. Pediatric Oncologist Ann Arbor, MI John O. Wycoff, D.O. Family Medicine Haslett, MI SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 5

6 $250,000 (for plaintiff child); $150,000 (for plaintiff mother) NH Editor s Notes: Per defendant s counsel, the jury s verdict was rendered on the issues of standard of care and proximate cause. Following the verdict, the parties set the verdict aside in exchange for a confidential settlement. Genesee County Circuit Court Flint Insurance Carrier Loses Battle Over No Fault Assignment Terrence Tevis v. AMEX Assurance Company NEITHERCUT, GEOFFREY L. For plaintiff on the issue of ownership only. Damages were stipulated at $326,895. Geoffrey L. Neithercut Plaintiff alleged that he was not the owner of the motorcycle on the day of the accident. He testified, along with other witnesses, that he signed the title on the day after the accident while heavily medicated. He argued that he incorrectly dated the title because of his physical condition at the time. The receipt for payment of the motorcycle from the seller was dated the day after the accident. Plaintiff s family had to pay for the motorcycle so they could get the title and the motorcycle out of impoundment. Plaintiff was seeking first party no fault benefits from defendant. He claimed medicals, future wage loss and attendant care. Defendant contended that GEICO was the proper first party carrier. GEICO insured plaintiff s parents, with whom plaintiff lived. Defendant claimed plaintiff signed the title two months prior to the accident and simply did not physically possess the title at the time of the accident. Plaintiff Profile: Plaintiff was a 36 year old single black male who was unemployed. Alleged Injury: Severe fracture of the tibia and fibula at the ankle, resulting in a below-the-knee amputation. 20 minutes AMEX $190,000. Plaintiff accepted; Defendant rejected. Date of 10/3/ NF HAMO, GEORGE R. SIMS, AARON D. George R. Hamo, Flint Aaron D. Sims, Farmington Hills Facts: The issue before this Genesee County Circuit Court jury was ownership of the motorcycle plaintiff was riding in the underlying accident. The claims addressed ownership and priority of insurance only. Damages were stipulated at $326,895. The jury returned a verdict in favor of plaintiff, who denied ownership at the date of the accident. Plaintiff Terrence Tevis was riding a motorcycle that was uninsured and for which he claimed he was not the titled owner. Another vehicle drove into the path of plaintiff s oncoming motorcycle and caused an accident. Plaintiff sustained multiple lower leg fractures resulting in a below-the-knee amputation. There was no dispute over liability or plaintiff s injuries. However, Defendant AMEX Assurance Company, the assigned first party insurance carrier, maintained that plaintiff was the titled owner of the motorcycle on the date of the accident and defendant was not liable for plaintiff s insurance coverage. Editor s Notes: Per plaintiff s counsel, the court denied plaintiff s motion for case evaluation sanctions. Defendant AMEX appealed the priority issue and plaintiff s cross appeal for denial of case evaluation sanctions was pending at the time of editing this case for publication. Genesee County Circuit Court Flint Podiatrist Cleared of Liability for Patient s Toe Injury Geoffrey Gale v. Dennis Green, D.P.M. No cause 6 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

7 YUILLE, RICHARD B. Richard B. Yuille Date of 11/21/2007 HUSARCHIK, CYNTHIA A. CHAPIN JR., BOYD E. Cynthia A. Husarchik, Southfield Boyd E. Chapin Jr., Detroit Facts: Plaintiff claimed a severed tendon in his toe occurred during podiatric surgery, which defendant denied. The jury returned a verdict in favor of defendant podiatrist. Plaintiff Geoffrey Gale presented to defendant podiatrist, Dennis Green, D.P.M., for the implantation of a bio-pro implant in his big toe. He claimed that, during the procedure, defendant severed his extensor hallucis longus (EHL) flexor tendon. As a result, he had difficulty walking because his big toe stuck up vertically and he was unable to find shoes to fit. Plaintiff alleged defendant violated the standard of care when he severed the tendon in his big toe and he sustained a permanent injury as a result. Defendant contended that he complied with the standard of care and did not sever plaintiff s tendon. Rather, defendant argued that plaintiff s complaints were likely related to scar tissue in the area and nothing he did caused this condition. However, defendant maintained that, if the tendon was severed, it was a risk of the surgery. Plaintiff Profile: Plaintiff was a 40 year old married white male employed as a pharmacist. Grand Traverse County Circuit Court Traverse City Child Passenger Suffers Brain Injury in Accident with Mobile Home Anonymous Female Passenger v. Anonymous Driver and Employer Settlement: RODGERS, JR., PHILIP E. Settlement Date: 4/2007 COOKE, CHRISTOPHER K. BLAMER, ROBERT L. WITHHELD $3,100,000 with the bulk paid by defendant employer. Philip E. Rodgers, Jr. Christopher K. Cooke, Traverse City Robert L. Blamer, Livonia Withheld Facts: Damages were the largest hurdle to overcome after a collision which severely injured a 6 year old child. The claims ultimately settled at mediation for $3,100,000, with the bulk of the settlement paid by defendant employer. Alleged Injury: Severed extensor hallucis longus (EHL) flexor tendon in plaintiff s foot which resulted in difficulty walking and finding shoes to fit. Plaintiff s toe stuck up vertically as a result of the injury. Beneson, David E., D.P.M. Kissel, Charles G., D.P.M. 1.5 hours PICA David E. Beneson, D.P.M. Podiatrist Royal Oak, MI Charles G. Kissel, D.P.M. Podiatrist Warren, MI $60,000. Plaintiff accepted; Defendant rejected NH The 6 year old plaintiff was a back seat passenger in a vehicle driven by her mother s boyfriend. Plaintiff was wearing a seat belt. Her host driver had the right-of-way through the intersection of Miller Road and County Road 633 in Grand Traverse County. Before they could clear the intersection, the vehicle was broadsided by a motor home operated by defendant driver. The motor home was titled to defendant driver s employer, with implied or express permissive use by defendant driver. Plaintiff child was knocked unconscious by the impact and transported to a local hospital where she was unable to breathe on her own. She was stabilized and then flown by helicopter ambulance to a regional trauma center. She remained at the trauma center for 19 days and then spent another two months in a rehabilitation facility. Plaintiff alleged defendant driver failed to stop at a stop sign and failed to yield the right-of-way to oncoming traffic. Plaintiff alleged she sustained a severe brain injury which left her with significant cognitive impairments, neurological deficits, severe spasticity of the lower extremities and some ataxia of the upper extremities. She claimed serious impairment of body function SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 7

8 which permanently affected her ability to function and enjoy normal life activities. Defendants disputed the extent of damages sought by plaintiff. Plaintiff Profile: Plaintiff was a 6 year old female. Alleged Injury: Severe closed head injury. Plaintiff lost consciousness and was unable to breathe on her own. Surgery was performed for placement of an intracranial pressure (ICP) monitor and ventricular drain. She was hospitalized for 19 days and then transferred to a rehabilitation facility for two months. Plaintiff made remarkable progress early on, but had significant residual cognitive impairments (decision making, easily confused, limited vocabulary, math and reading skills), neurological deficits, severe spasticity of the lower extremities and some ataxia (lack of coordination) of the upper extremities. She walked with braces as a result of a balance impairment. None WITHHELD Ingham County Circuit Court Lansing Insurer Ordered to Pay Benefits to Injured Driver Christine A. Henning v. State Farm Mutual Automobile Insurance Company $82,000 Plaintiff Christine Henning was involved in a motor vehicle accident in which she claimed a herniated lumbar disc for which she underwent surgery for placement of an artificial vertebrae. She sought first party no fault PIP benefits from her assigned risk carrier, Defendant State Farm Insurance. Defendant denied the claim and plaintiff filed suit. Plaintiff alleged her injuries were the direct result of the underlying accident. She denied she had an ongoing back condition or received any consistent treatment for same. She argued that this lumbar injury was new and the need for surgery was caused by the accident. She claimed defendant breached its contract to provide PIP benefits. Defendant contended plaintiff s injury was not related to this accident, as she had a prior lumbar back condition. Defendant argued that plaintiff s testimony was inconsistent with her medical records and denied any breach of contract. Plaintiff Profile: Plaintiff was a 45 year old single female who was a self-employed writer. Alleged Injury: Plaintiff sought first party no fault PIP benefits for medicals, lost wages, attendant care and replacement services. She sought a total of $182, hours Settlement Efforts: Last Demand: $100,000 Last Offer: $25,000 State Farm John N. Flood, D.O. Orthopedist Lansing, MI Andrea Johnson, D.O. Family Practice Okemos, MI COLLETTE, WILLIAM E. William E. Collette Date of 11/29/2007 HOFER, JAMES M. JOHNSON, ROBERT J. James M. Hofer, Lansing Robert J. Johnson, Grandville Facts: A woman who claimed she suffered a back injury in an automobile accident sued her insurance carrier after it refused to pay first party PIP benefits. Defendant insurance carrier claimed her condition was not related to the underlying accident. An Ingham County jury awarded plaintiff $82,000 after deliberating 2 hours. Janine Kohler, D.O. Family Practice Lansing, MI 8 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount Flood, John N., D.O. Johnson, Andrea, D.O. Kohler, Janine, D.O NF

9 Kent County Circuit Court Grand Rapids Icy Roadway Cited as Contributing Factor in Deadly Crash Estate of Robert Borgman, Deceased v. Martin Carteng, et al. Alleged Injury: Blunt force trauma resulting in death. Decedent was survived by his wife, one adult son and two siblings. Holly Hardman Photojournalist Muskegon, MI Dennis A. Guenther, Ph.D. Mechanical Engineer Worthington, OH William D. King, Ph.D. Economist Lansing, MI Settlement: $1,150,000 Hardman, Holly Guenther, Dennis A., Ph.D. King, William D., Ph.D. REDFORD, JAMES ROBERT Settlement Date: 10/5/2007 SHAFER, DAVID P. WITHHELD James Robert Redford David P. Shafer, Muskegon Withheld Facts: Settlement was reached at case evaluation for fatal injuries arising from a motor vehicle accident. The parties settled the claim for $1,150,000 despite defendant s claim that he experienced a sudden emergency. Plaintiff s decedent, Robert Borgman, was operating his GMC Jimmy southbound in northwestern Ottawa County during adverse weather conditions. It was snowing heavily and the roads were snow covered and slippery. As Borgman attempted to cross an intersection, his SUV was struck by a westbound Hummer2 operated by Defendant Martin Carteng, who was westbound. Defendant claimed he was unable to stop for the stop sign because the road was icy. Defendant was traveling approximately 30 mph at the time of the accident and the impact at the driver s side door caused Borgman s fatal injuries. Borgman was pronounced dead at the scene of the accident. Plaintiff alleged defendant failed to stop for a stop sign and was traveling too fast for conditions. There was no conscious pain and suffering as Borgman was pronounced dead at the scene of the accident. Plaintiff sought damages for wrongful death and loss of society and companionship. Defendant contended he was faced with a sudden emergency and was not responsible for this accident. He was driving a vehicle owned by his employer. Plaintiff Profile: Plaintiff s decedent was a 66 year old married male who was retired, but was working part-time. $1,150, NI Kent County Circuit Court Grand Rapids Fatal Auto Collision Case Yields Nominal Award Sarah Schoen, Personal Represenative for the Estate of Jerry Winters v. Sarah Ek and Michael Rinks LEIBER, DENNIS B. $56,000 less 5% comparative negligence for decedent s failure to wear a seat belt. Defendant Ek was found to be 58% at fault, while Defendant Rinks was found to be 37% at fault. Breakdown: $50,000 for wrongful death and $6,000 for funeral expenses. Dennis B. Leiber Date of 11/1/2007 JANES, J. PAUL ARNDT, DALE L. J. Paul Janes, Grand Rapids Dale L. Arndt, Grand Rapids Facts: An intersection collision was fatal for one passenger and decedent s estate sought damages from two drivers. Defendant SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 9

10 host driver claimed the other defendant motorist was speeding, which was disputed. The jury awarded plaintiff $56,000 in damages against both defendants. The award was reduced by 5% for decedent s comparative negligence in failing to wear a seat belt. The jury found Defendant Sarah Ek was negligent, presumably for speeding; but Defendant Michael Rinks was also negligent, presumably for making an improper left turn. Plaintiff s decedent, Jerry Winters, was a front seat passenger in a vehicle driven by Defendant Michael Rinks. They were pulling a boat which had just been repaired by decedent and were returning it to its owner. They approached an intersection where Rinks intended a left turn. As he made the left turn, his vehicle was struck broadside on the front passenger door by a vehicle driven by Defendant Sarah Ek. Defendant Ek was proceeding straight through the intersection at the time of the accident. Winters sustained fatal injuries as a result of the impact. Defendant Rinks vehicle was uninsured. There was no traffic control device at the intersection. Plaintiff alleged Defendant Ek was speeding and, therefore, lost her right-of-way. Plaintiff argued that Defendant Rinks may have been comparatively negligent for attempting the turn, but Ek s speed caused the accident. Defendant Rinks denied he was negligent and argued that Defendant Ek caused the accident by speeding. Defendant Ek blamed Rinks for the accident and disputed the extent of damages claimed by Winters survivors, his five adult children who had no financial dependency on decedent. Plaintiff Profile: Plaintiff s decedent was a 64 year old single male employed as a handyman. Alleged Injury: Blunt force trauma resulting in death. Plaintiff s decedent was survived by five adult children. Bereza, Thomas G. More than 4 hours State Farm Thomas G. Bereza Accident Reconstruction Comstock Park, MI $95,000. Plaintiff accepted; Defendant rejected. Editor s Notes: Per plaintiff s counsel, plaintiff s decedent was single and had five children, all of whom were financially independent of their father. Their independence affected the jury verdict. Lenawee County Circuit Court Adrian Treatment of Wrist Injury at Heart of Malpractice Suit Todd Faust v. Jeffrey Stickney, D.O. and Industrial Medicine Associates KOSELKA, HARVEY A. No cause Date of 12/2007 MORGAN, JR., COURTNEY E. DALTON, JAMES L. Harvey A. Koselka Courtney E. Morgan, Jr., Detroit James L. Dalton, E. Lansing Facts: An alleged failure to diagnose an injury to ligaments in the wrist was the primary issue in the medical malpractice claim. Plaintiff ultimately had a fused wrist which he claimed was the result of defendants malpractice. Defendants denied the allegations and the jury returned a no cause of action in favor of defendants. Plaintiff Todd Faust injured his wrist while working and was sent by his employer to see Defendant Jeffrey Stickney, D.O., an occupational medicine physician. Defendant X-rayed plaintiff s hand and interpreted the film as negative, indicating that it was bruised and plaintiff would recover in a short period of time. However, plaintiff experienced continuing pain and, after an orthopedic consult, he was diagnosed with a scapho-lunate dislocation in his wrist. The orthopedist attempted a repair surgery which was unsuccessful and plaintiff was then referred to a hand surgeon. Plaintiff underwent an open reduction and internal fixation, which failed. In order to alleviate the pain, plaintiff underwent a third surgery to fuse the wrist. The doctor s medical practice, Industrial Medicine Associates, was also named as a defendant NI Plaintiff alleged defendant physician failed to properly interpret the initial X-ray and violated the standard of care by misreading 10 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

11 the X-ray and failing to have it read by a radiologist. He claimed the injury required quick immobilization and an evaluation by an orthopedist to make sure the dislocation was repaired and to determine if surgery was necessary. Plaintiff s experts opined that there was a short window of opportunity to repair the bone before permanent damage was done. Defendant Stickney contended he complied with the standard of care for an occupational medicine physician and it was appropriate for him to read his own X-ray. Further, Stickney argued that he was looking for an injury to plaintiff s hand, not wrist, and it was not a violation in the standard of care to have misread the X-ray. Defendants asserted that the dislocation was too subtle to see. Defendants also disputed proximate cause, claiming the injury may have existed before the work injury. Plaintiff Profile: Plaintiff was a 38 year old single male who was a skilled laborer. Alleged Injury: Delayed diagnosis of a scapho-lunate dislocation in the wrist, resulting in two surgical repairs, including an open reduction and internal fixation, followed by a wrist fusion to alleviate plaintiff s pain. Plaintiff sought an unspecified amount of economic and non-economic damages. Friedman, Arnold, M.D. Noellert, Raymond C., M.D. Weisglass, Barry, M.D. Potchen, Michael J., M.D. Lesosky, Darrell, M.D. 1 hour ProNational Arnold Friedman, M.D. Radiologist Phoenix, AZ Raymond C. Noellert, M.D. Hand Surgeon Ypsilanti, MI Barry Weisglass, M.D. Occupational Medicine Charleston, SC Michael J. Potchen, M.D. Neuroradiologist East Lansing, MI Darrell Lesosky, M.D. Occupational Medicine East Lansing, MI $375,000 ($175,000 Stickney; $200,000 Employer) NH Editor s Notes: Per defendants counsel, plaintiff added his employer to the lawsuit during discovery as he claimed he was terminated for being off work too long and asserting his workers compensation rights. The parties settled for a confidential amount one week before trial. Macomb County Circuit Court Mt. Clemens Tenant with Orbital Fracture Settles Claim with Landlord Diane Wojcik v. Aerc of Michigan and Aerc Clinton Place, LLC Settlement: $90,000 CHRZANOWSKI, MARY A. Settlement Date: 9/25/2007 FANTICH, BRIAN L. KELMAN, MICHAEL G. PATTON, LEE C. Mary A. Chrzanowski Brian L. Fantich, Farmington Hills Michael G. Kelman, Farmington Hills Lee C. Patton, Southfield Facts: Serious injuries resulted from plaintiff s fall on ice at her apartment complex. Her complaints were settled for $90,000 prior to trial, with little dispute over the circumstances. Plaintiff Diane Wojcik was a tenant at Defendant Aerc Clinton Place Apartments, owned by Defendant Aerc of Michigan, LLC. On January 22, 2006, plaintiff exited her building and walked along the sidewalk of her complex. She claimed she slipped on an icy patch and fell on her face. She sustained a blowout fracture of the orbit of her right eye, as well as wrist and hand injuries. Water had accumulated in a depressed area of the sidewalk and defendant had reportedly received complaints of same. Plaintiff alleged defendants allowed a dangerous condition to exist and failed to make it safe for tenants of their apartment complex. As such, she asserted that defendants were responsible for her serious injuries. Defendant admitted to actual notice of the defect and an open and obvious defense was not allowed. There was no dispute over plaintiff s injury claim, only the extent of damages. Plaintiff Profile: Plaintiff was a 63 year old married female who was retired. SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 11

12 Alleged Injury: Blowout fracture of the right orbit (eye), herniation of fat and displacement of bone fragment. Plaintiff required open reduction and internal fixation for the injury. She also sustained a trigger finger injury to the right dominant hand, which required surgery, as well as right wrist, elbow and left wrist injuries. Plaintiff claimed residual vision problems (halos). She sought $15,000 in medicals and an unspecified amount for pain and suffering. William A. Stefani, M.D. Plastic Surgeon St. Clair Shores, MI Facts: An orthopedic surgeon who attempted to perform surgery on the wrong knee was ordered to pay $50,000 to his patient. Plaintiff Carolyn Sopchak presented to defendant orthopedist, Scott Monson, M.D., for surgical correction of a torn meniscus in her left knee. The surgery was performed at Defendant St. John Surgery Center in Mt. Clemens. Plaintiff claimed defendant initiated the surgery on the wrong knee. He made three incisions on plaintiff s right knee, filled the cavity with fluids under pressure and placed the necessary equipment before realizing he was operating on the wrong knee. He closed the site and performed the procedure on plaintiff s left knee. Stefani, William A., M.D. Mobley, Robert G., M.D. Dziurman, Theodore D., P.E. Sobol, Gregory, M.D. Robert G. Mobley, M.D. Neuroophthalmologist Clinton Township, MI Theodore D. Dziurman, P.E. Safety Engineer Clawson, MI Gregory Sobol, M.D. Hand Surgeon Beverly Hills, MI NI Plaintiff alleged Defendant Monson violated the standard of care by attempting surgery on the wrong knee and he proceeded long enough to complicate her recovery on the other knee. She claimed Defendant Monson was three to five minutes into the surgery before he realized his mistake. Defendants admitted at trial that surgery was initially attempted on the wrong knee. However, they argued that the aborted operation caused plaintiff no harm or damage to the right knee, nor did it cause further damage to her left knee. Defendant Monson maintained that any complications which arose following the surgery were not related to the minor incision on plaintiff s right knee. Plaintiff Profile: Plaintiff was a 63 year old married female employed as a dog sitter. Macomb County Circuit Court Mt. Clemens Surgery on Wrong Knee Leads to Plaintiff s Verdict Carolyn M. Sopchak v. Scott T. Monson, M.D., St. John Health System and St. John Center $50,000 plus case evaluation sanctions. Alleged Injury: Complications as a result of surgery performed on the wrong knee. Plaintiff was to have surgery on her left knee, but surgeons began operating on her right knee before abandoning the operation. Surgery was completed on the left knee and plaintiff sought damages for pain and suffering. 2 hours Settlement Efforts: Last Demand: $45,000 Last Offer: $10,000 (Monson) Self-insured (St. John) $45,000. Plaintiff accepted; Defendant rejected. MILLER, DONALD G. Donald G. Miller NH Date of 12/7/2007 Lloyd G. Johnson, Southfield Editor s Notes: Per plaintiff s counsel, plaintiff was seeking approximately $150,000 in case evaluation sanctions. JOHNSON, LLOYD G. ARNONE, ANTHONY G. FELTY, KEITH P. Anthony G. Arnone, Detroit Keith P. Felty, Plymouth 12 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

13 Macomb County Circuit Court Mt. Clemens Sudden Emergency Defense Rejected in Auto Dispute John F. Singer, III v. Anuradha Sreenivasan and Balaji Ganapathy $42,500 property damage and this accident could not have caused plaintiff s injury. Further, she maintained that plaintiff had a significant preexisting condition and this crash did not cause a serious impairment of body function or the need for surgery. Plaintiff Profile: Plaintiff was a 32 year old single male employed as a carpenter. Alleged Injury: Aggravation of a preexisting herniated cervical disc which required a laminectomy. Plaintiff was off work as of the date of trial and claimed a permanent disability as a result of his injury. Settlement Efforts: Last Demand: $100,000 Last Offer: $35,000 VIVIANO, DAVID F. David F. Viviano AAA Date of 12/3/2007 $95,000. Both parties rejected.. COOPER, JOHN J. MCCARROLL, FRANCIS A. John J. Cooper, Rochester Francis A. McCarroll, Grosse Pointe Park NI Editor s Notes: Per plaintiff s counsel, defendant was seeking case evaluation sanctions at the time of editing this case for publication. Facts: Liability and damages were disputed following a rear-end automobile accident. Plaintiff claimed a serious impairment to his neck, which defendant disputed. A Macomb County jury awarded plaintiff $42,500 after deliberating 2.5 hours. Plaintiff John Singer was driving on 21 Mile Road near Romeo Plank Road in Northern Macomb County. He claimed that, when he stopped for traffic in front of him in a construction area, his vehicle was rear-ended by a vehicle driven by Defendant Anuradha Sreenivasan and owned by Defendant Balaji Ganapathy. Plaintiff alleged Defendant Sreenivasan was negligent in failing to maintain assured clear distance ahead and keep a proper lookout. He claimed the impact aggravated a preexisting neck condition and caused the need for a laminectomy. He maintained he suffered a permanent neck injury that was a serious impairment of body function and he was unable to return to work as of the date of trial. Plaintiff and the investigating police officer denied there was mud or clay on the roadway, which defendant claimed caused the accident. Defendant Sreenivasan contended that construction trucks in the area left a film of mud or clay on the road, making it slippery. She claimed that, when she tried to stop, her vehicle slid on the clay and she struck plaintiff s vehicle. Therefore, she argued she was faced with a sudden emergency and disputed the severity of the impact of the collision. Defendant contended there was minimal Macomb County Circuit Court Mt. Clemens Stroke Patient Wins Malpractice Claim Against Physician Jun Park v. Leo J. Murskyj, M.D. and Schoenherr Medical Associates, P.C. SWITALSKI, MARK S. $1,700,000. Breakdown: $800,000 in economic damages and $900,000 for pain and suffering and disability. Mark S. Switalski Date of 1/18/2008 AIELLO, FRANK T. THOMAS, DAVID M. Frank T. Aiello, Southfield David M. Thomas, Detroit SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 13

14 Facts: A surgical patient suffered a stroke several hours after surgery and plaintiff blamed a lack of care by defendant critical care specialist. Defendant denied violating the standard of care, but a Macomb County jury awarded plaintiff $1,700,000 after deliberating 3 hours. Plaintiff Jun Park was admitted to St. John Hospital for surgery to repair a perforated colon from a colonoscopy, which was not a part of this case. He was sent to a step-down unit following the surgery with Defendant Leo J. Murskyj, M.D. as the attending critical care specialist. Defendant saw plaintiff at 8:00 p.m., shortly after he was admitted to the unit. Defendant then left plaintiff in the care of an internist. Over the next eight hours or so, plaintiff experienced life threatening low blood pressure and ultimately suffered a thrombotic stroke between 5:00 a.m. and 9:00 a.m. Plaintiff claimed he sustained permanent neurological and and cognitive deficits as a result of the stroke. Plaintiff alleged defendant violated the standard of care by failing to check on plaintiff while he was in the step-down unit. Plaintiff claimed defendant also failed to treat his low blood pressure with Dopamine to prevent the stroke. Plaintiff maintained that he had never before suffered a stroke and it could not have been coincidental that he suffered a stroke when his systolic blood pressure hit 70. Plaintiff was left with significant disabilities requiring 24 hour care. Plaintiff s claims against the hospital and internist were settled prior to trial. Defendant denied violating the standard of care and contended that it was not necessary for him to check plaintiff or order Dopamine, as the internist was also in charge of plaintiff s care. Defendant also argued that plaintiff s stroke was not a result of low blood pressure, but rather caused by an atrial fibrillation. Plaintiff Profile: Plaintiff was a 69 year old married male who was retired. Alleged Injury: Persistent low blood pressure which lasted more than 8 hours and led to a thrombotic stroke resulting in permanent neurological and cognitive damages. Plaintiff requires a cane to ambulate, has no long-term memory and requires 24 hours/day care provided by his son and daughter-in-law. Plaintiff asked the jury for $1,500,000. Corwin, Howard, M.D. Lombardi, David A., M.D. Kling, Laura L., R.N. MacDonald, Lawrence L., M.D. Chatuverdi, Semat, M.D. Friedman, Harold Z., M.D. $195,000 Laura L. Kling, R.N. Life Care Planner Southfield, MI Lawrence L. MacDonald, M.D. Critical Care Medicine Novi, MI Semat Chatuverdi, M.D. Neurologist, MI Harold Z. Friedman, M.D. Cardiologist Bloomfield Hills, MI NH Editor s Notes: Per plaintiff s counsel, a proposed high/low agreement after the jury began deliberating, with $1,000,000 as the high, was rejected by defendant. Plaintiff was seeking case evaluation sanctions at the time of editing this case for publication. Monroe County Circuit Court Monroe Jury Affirms Denial of Insurance Benefits Linda Hughson v. State Farm Insurance LABEAU, MICHAEL W. No cause Michael W. LaBeau Date of 8/22/2007 Settlement Efforts: Last Demand: $195,000 Last Offer: None Gerald R. Skupin, Detroit ProNational ($1,000,000 policy limits) SKUPIN, GERALD R. WATT, MICHAEL J. Michael J. Watt, Livonia Howard Corwin, M.D. Critical Care Medicine Lebanon, NH David A. Lombardi, M.D. Neurologist Orange, CA Facts: First party no fault benefits claims were tried in a Monroe County Circuit Court. Plaintiff claimed she was disabled by her accident injuries, which defendant disputed. The jury returned a verdict of no cause of action. 14 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

15 Plaintiff Linda Hughson was injured in an automobile accident in which her vehicle was forced by an unidentified semi tractor-trailer into a Jersey barrier dividing the lanes of I-75. Defendant State Farm Insurance initially paid first party no fault benefits, including medical bills and lost wages. However, State Farm discontinued payment after an independent medical exam was conducted by its physician. Plaintiff alleged defendant breached her insurance contract for first party no fault benefits by denying her medicals and wage loss. She argued that she sustained serious injuries which disabled her from working. Plaintiff also argued that her treatment was reasonable and necessary. Defendant denied any breach of plaintiff s first party benefits. Instead, defendant argued that plaintiff s injuries were preexisting and not related to this accident. Defendant contended that plaintiff was not disabled by her injuries and her treatment was not reasonable or necessary. Monroe County Circuit Court Monroe Scrap Yard Denies Liability for Visitor s Foot Injury Charles Peterson v. Gasper Recycling, Ronald J. Gasper and Van Gasper $75,000 COSTELLO, JR., JOSEPH A. Joseph A. Costello, Jr. Date of 11/28/2007 Plaintiff Profile: Plaintiff was a 51 year old married white female employed as a cook. Leo E. Januszewski, Ann Arbor Alleged Injury: Breach of insurance contract. Plaintiff sought first party benefits for medicals ($7,165) and lost wages ($7,500). 3.5 hours Settlement Efforts: Last Demand: $7,500 Last Offer: None Macy, Judy A., M.D. Buchman, Clifford, M.D. Harwood, Steven C., M.D. State Farm $7,500 Judy A. Macy, M.D. Physiatrist Monroe, MI Clifford Buchman, M.D. Orthopedist Madison Heights, MI Steven C. Harwood, M.D. Physiatrist Ypsilanti, MI NF Editor s Notes: Per plaintiff s counsel, the jury was impacted by plaintiff s omission from her deposition of preexisting conditions. Thomas J. Azoni, Farmington Hills SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 15 JANUSZEWSKI, LEO E. AZONI, THOMAS J. Facts: A man intending to sell items at defendants business claimed he suffered a serious foot injury on the premises, which defendants denied. A Monroe County jury awarded plaintiff $75,000 after deliberating 4 hours. Plaintiff Charles Peterson presented to Defendant Gasper Recycling, a scrap yard, on the day in question. He was driving a tractor hauling a load of scrap he intended to sell to the scrap yard. While standing behind his trailer, plaintiff claimed a crane driven by Defendant Ronald Gasper ran over his foot and crushed it. Plaintiff was taken to the hospital by defendants, where he was diagnosed with a serious crush injury to his foot. He underwent surgery, but the result was not good due to the serious nature of the injury. Plaintiff now walks with a heavy limp and requires the use of a cane to ambulate. Defendant Van Gasper was a co-owner of the business. Plaintiff alleged Defendant Ronald Gasper negligently drove over his foot, causing a permanent injury. He sought damages from Ronald Gasper as operator of the crane, as well as Van Gasper and Gasper Recycling as owners of the business. Defendants denied plaintiff s injury took place on their property. They maintained that plaintiff drove into their scrap yard with his tractor and was already injured when he dismounted the tractor. Plaintiff told defendants his foot was injured when it was run over by a tractor tire, which was what was reflected in the hospital s medical records. Defendants drove plaintiff to the hospital for treatment after he complained of the injury. There was no dispute over the nature or extent of the injury.

16 Plaintiff Profile: Plaintiff was a 51 year old single male who was disabled. Alleged Injury: Severe crush injury to plaintiff s foot requiring surgery. Plaintiff had an unfavorable surgical result because of the nature of the injury. He also had a noticeable limp and required the use of a cane to ambulate. Plaintiff was permanently disabled by back injuries prior to this accident and claimed additional disability, pain and suffering as a result of this injury. 4 hours Settlement Efforts: Last Demand: $400,000 Last Offer: $30,000 Auto Owners $150, NO Editor s Notes: Per defendants counsel, defendants were entitled to case evaluation sanctions estimated at $40,000. Oakland County Circuit Court Pontiac Head Injury Auto Claim Settles Prior to Trial Betty Joy Anderson, Conservator and Guardian of Kymberlie Anderson v. BASF Corporation, Wheels, Inc. and Robert Michael McGrail Settlement: O BRIEN, COLLEEN A. $2,550,000. Breakdown: $416,461 to Plaintiff Betty Anderson; $1,262,945 to Allstate Life Insurance Company for payment of a structured settlement; $30,891 in costs; and $839,703 in attorney fees. Colleen A. O Brien Facts: A rear-end accident caused life altering injuries to plaintiff, who sought damages from defendant driver, his employer and the owner of defendant s vehicle. The parties reached a settlement of $2,550,000 prior to trial. Plaintiff Kymberlie Anderson was driving west on Eight Mile Road in Farmington in August She stopped her car for a red light at the intersection of Eight Mile and Farmington Roads and was struck from behind by a vehicle driven by Defendant Michael McGrail. Defendant McGrail was driving a vehicle owned by Defendant Wheels, Inc. and leased by McGrail s employer, Defendant BASF Corporation. The impact was significant. As a result of her injuries, plaintiff was appointed a conservator and guardian, Betty Joy Anderson, who brought this lawsuit on plaintiff s behalf. Plaintiff alleged defendant driver was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. Plaintiff also argued that BASF and Wheels were vicariously liable for McGrail s actions. The significant impact accident allegedly caused plaintiff to sustain a traumatic brain injury and damage to her central and peripheral nervous systems. Plaintiff denied defendants allegations that Kymberlie was either intoxicated or under the influence of drugs. Defendants denied liability and damages. Defendant McGrail contended that Kymberlie changed lanes directly in front of him and cut off his assured clear distance ahead. According to McGrail, Kymberlie then stopped abruptly for the light. Defendants also claimed Kymberlie may have been intoxicated or under the influence of a controlled substance, which impaired her ability to drive and barred her claim. Plaintiff Profile: Plaintiff was a 40 year old single female. Alleged Injury: Traumatic brain injury, damage to the central and peripheral nervous system, and cognitive injuries that included memory loss and concentration difficulties. Plaintiff was unable to return to work. She sought an unspecified amount of damages for pain and suffering, excess wage loss and diminished earning capacity NI Editor s Notes: Information for this summary was obtained from another published source. Settlement Date: 4/26/2007 Jon Feikens, Detroit FEIKENS, JON SUKKAR, JAMES James Sukkar, Troy 16 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

17 Oakland County Circuit Court Pontiac Timing of Lung Cancer Diagnosis Questioned by Patient s Family Suzanne Bailey, Personal Representative of the Estate of Clyde Richard Bailey, Deceased v. Mahmood A. Khalid, M.D., Khalid & Associates, MD, PC, Abdul Hasan, M.D. and Cardiology and Vascular Associated, PC, Harvey Wilner, M.D. and CT Scanning Center AVADENKA, EDWARD No cause Edward Avadenka Date of 9/20/2007 EISENBERG, STUART B. LARSON, MERIA E. HANNUM, KARL E. Stuart B. Eisenberg, Detroit Meria E. Larson, Detroit (Khalid) Karl E. Hannum, Southfield (Hasan) Facts: The family of a patient who died of metastatic cancer sued his former physicians for failure to timely diagnose his condition. Defendants denied violating the standard of care. The jury determined plaintiff had no cause of action after deliberating 2.5 hours. Plaintiff s decedent, Clyde Richard Bailey, was admitted to North Oakland Medical Center in December 1997 after complaining of a gallbladder attack. Several chest X-rays were performed on December 6, 7 and 8, One of the radiologists recommended a CT scan because of abnormalities in the upper left lung. A repeat chest X-ray and CT scan were performed December 9 and interpreted by defendant radiologist Mahmood Khalid, M.D. He did not see any suspicion of lung cancer. Bailey began treating with Defendant Abdul Hasan, M.D., an internist/cardiologist, in January Defendant Hasan, who was with Defendant Cardiology & Vascular Associates, was one of the physicians involved during decedent s December hospital stay. On October 27, 1998, Hasan ordered a chest X-ray which was interpreted by defendant radiologist, Harvey Wilner, M.D. Dr. Wilner read the X-ray as being abnormal and recommended comparison to old films or follow-up films. However, no comparisons were made and no follow-up films performed. In November 2000, decedent developed significant back pain and was admitted to North Oakland Medical Center. Testing indicated he likely had metastatic cancer in the spine with a primary lung lesion. He received radiation treatments and some chemotherapy prior to his death in December After discovery began, Wilner and the CT Scanning Center were dismissed with payment of money. Hasan and Cardiology & Vascular Associates were also dismissed. The only parties remaining at trial were Khalid and Khalid & Associates. Plaintiff alleged that, as a result of the delay in diagnosing Bailey s cancer, it became metastatic and caused his death. Plaintiff claimed Khalid was negligent in interpreting the chest X- ray and CT scan of December 9, 1997 and he should have recommended a follow-up chest X-ray, a follow-up CT scan or a biopsy. Defendant Khalid contended that there was no breach in the standard of care and argued that, based on his findings, there was no need to perform follow-up radiology studies or a biopsy. Plaintiff Profile: Plaintiff s decedent was a 62 year old married male employed as a manual laborer. Alleged Injury: Death as a result of metastatic cancer of the spine with a primary lung lesion. Decedent was survived by his wife and three adult children. Plaintiff sought $1,700 in out-of-pocket medicals. 2.5 hours Settlement Efforts: Last Demand: $750,000 Last Offer: None Shulak, Jeffrey M., M.D. Weber, Jeffrey, M.D. Bude, Ronald O., M.D. Coello, Zepeda Eudoro, M.D. ProNational (Khalid) Jeffrey M. Shulak, M.D. Radiologist Rochester, MI Jeffrey Weber, M.D. Oncologist Tampa, FL Ronald O. Bude, M.D. Radiologist Ann Arbor, MI Zepeda Eudoro Coello, M.D. Oncologist Detroit, MI $225,000. Plaintiff accepted; Defendant rejected NH Editor s Notes: Per defense counsel Larson, the jurors were unanimous on the finding of no malpractice and did not get to the SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 17

18 other questions of proximate cause or damages. Plaintiff agreed not to appeal in exchange for a waiver of defendant s costs. Oakland County Circuit Court Pontiac No Cause in Suit Seeking Civil Remedy Against Convicted Sex Offender Rachel-Rose Trakhtenberg, by and through her next friend, Lilya Tatarly v. Jacob Trakhtenberg and Golda Noble MCDONALD, JOHN J. No cause John J. McDonald Plaintiff alleged defendant transferred all his property to another family member to avoid an anticipated judgment from the criminal sexual conduct convictions. The civil trial judge ruled that defendant s criminal convictions were admissible as evidence and also allowed into testimony the fact that the Court of Appeals affirmed the criminal convictions and that the Supreme Court refused leave to hear the case. Plaintiff argued that defendant s criminal convictions were proof of the sexual assaults and the only issue for jurors was damages. Defendant denied he sexually assaulted his daughter and presented seven witnesses to that effect, one of whom testified that statements attributed to plaintiff daughter were never actually made. Defendant also claimed that, because he did not commit the offenses as charged, plaintiff did not suffer from the intentional infliction of emotional distress. Plaintiff Profile: Plaintiff was an 8 year old female. Alleged Injury: Sexual assault and battery resulting in physical and emotional injuries. Plaintiff required counseling with therapists since the date of the alleged occurrence in early She asked the jury for $5,000,000. Date of 10/29/ minutes LEH, JOHN M. ELLIOTT, JAMES O. John M. Leh, Lake Orion James O. Elliott, Bloomfield Hills None Facts: A father who was criminally convicted of sexually assaulting his young daughter was not held liable in a civil trial in Oakland County Circuit Court. The jury determined plaintiff had no cause of action after deliberating 28 minutes. Defendant Jacob Trakhtenberg was tried and convicted of three counts of second degree criminal sexual conduct for the assault of his 8 year old daughter. He was sentenced to three terms for 4 to 15 years in prison on each count. He was imprisoned at the date of this civil trial. Plaintiff Rachel-Rose Trakhtenberg resided with her mother after a very acrimonious divorce and spent alternate weekends with her father as part of the scheduled parenting time. It was during those parenting sessions that plaintiff accused her father of sexually assaulting her on three separate occasions. Defendant had in excess of $1,000,000 in assets at the time of his criminal trial, but was given a court-appointed attorney. He was advised to waive a jury trial and allow the case to be tried as a bench trial. After an hour long trial with no defense witnesses, defendant was convicted on three counts and imprisoned. Defendant denied the assaults. Plaintiff then pursued damages through this civil action, claiming assault and battery as a result of the conviction, intentional infliction of emotional distress, and fraudulent transfer of assets to avoid an anticipated judgment. Jeff Dworin, Esq. Attorney Bloomfield Hills, MI 18 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount Dworin, Jeff, Esq. $500,000. Defendant rejected NZ Oakland County Circuit Court Pontiac Fatal Freeway Accident Settles Pretrial Estate of John Doe v. ABC Trucking Company Settlement: $1,700,000

19 Withheld Settlement Date: 12/2007 YOUNG, GREGORY T. WITHHELD Gregory T. Young, Franklin Withheld Facts: A motorist trying to get out of a traffic jam lost his life in a collision with a tractor-trailer. Defendant claimed plaintiff s decedent was partially to blame for the fatal accident. Ultimately, defendant trucking company settled plaintiff s claim for $1,700,000 prior to trial. Plaintiff s decedent was driving in light snow on a major freeway on December 31, Decedent came to a halt for stopped traffic due to a serious traffic accident ahead. He sat in traffic for a period of time and then, seeing other vehicles back up on the shoulder of the road to reach an off ramp, he allegedly decided to do the same. In the meantime, a commercial semi tractor-trailer driver allegedly failed to notice the backed up traffic and skidded when he braked. Defendant s truck driver attempted to switch lanes to the right to avoid colliding with the vehicles in front of him. He managed to turn onto the shoulder of the road at the same time decedent was backing and the two vehicles collided. Defendant s truck impacted the back of decedent s vehicle, killing decedent instantly. Neither party was cited for a violation by the investigating police officers. Plaintiff alleged defendant s driver was traveling too fast for conditions and was not paying attention. Plaintiff sought damages for wrongful death and loss of society and companionship. Defendant contended that plaintiff was backing illegally on the shoulder of the roadway and was more than 50% comparatively negligent for the accident. None WITHHELD Editor s Notes: A confidentiality agreement prohibited identification of the court location. For the purpose of publication, the court location was chosen at random. Oakland County Circuit Court Pontiac Alcohol and Drugs Fuel Fatal Auto Accident Estate of Mira Abay v. Kelly Rose Brooks and Alvin Jerome Taylor MORRIS, DENISE LANGFORD Date of 1/7/2008 $3,225,000. Breakdown: $1,500,000 for Plaintiff Estate; $1,500,000 ($500,000 to each adult child) for past loss of society and companionship; and $225,000 ($75,000 to each adult child) for future loss of society and companionship. The jury assessed 75% liability to Defendant Brooks and 25% liability to Defendant Taylor. Denise Langford Morris Plaintiff Profile: Plaintiff s decedent was a 55 year old married male employed as a skilled laborer. Christopher P. Legghio, Royal Oak Alleged Injury: Blunt force trauma resulting in death with no conscious pain and suffering. Decedent was survived by his wife, two adult children and one minor child. Richardson, Lawrence A. Thompson, Michael, Ph.D. Self-insured Lawrence A. Richardson Accident Reconstruction Milford, MI Michael Thompson, Ph.D. Economist Southfield, MI LEGGHIO, CHRISTOPHER P. SCHLOTTERER, AMY E. Amy E. Schlotterer, Detroit Facts: An Oakland County Circuit Court jury reached a $3,225,000 verdict for a wrongful death claim in one hour. Insurance coverage and evidence of intoxication in the underlying automobile accident were the primary issues. Plaintiff s decedent, Mira Abay, was driving in the left traffic lane of the mixing bowl, where Northwestern Highway, I-696, and Telegraph Roads converge. She realized a vehicle driven by Defendant Kelly Rose Brooks was approaching quickly behind her, so she moved to the right lane. At the same time, defendant moved to the right lane, ostensibly because Abay was blocking her way. As Abay moved right, defendant moved back into the left SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 19

20 lane in an effort to pass her. Defendant Brooks vehicle clipped the left rear bumper of Abay s vehicle. The impact caused Abay s vehicle to spin 90 degrees into the other lanes, hit the guardrail, fly into the air, strike a tree and overturn. Plaintiff suffered a fractured neck and other catastrophic injuries as a result of the accident. She was pronounced dead at the scene. There was no dispute over the details of the accident. Defendant Brooks, who was intoxicated with a blood alcohol content (BAC) of.23 two hours post-accident, also had evidence of cocaine and Darvocet in her system. She admitted liability for causing the accident. She was criminally prosecuted for vehicular homicide and imprisoned at the date of trial. Defendant Brooks was driving a vehicle loaned to her by Defendant Alvin Jerome Taylor, a man unknown to her. Taylor loaned the car to Brooks after he borrowed it from someone else. At the time of the accident, Defendant Brooks was living at home with her parents, who had insurance for resident relatives through DaimlerChrysler. DaimlerChrysler filed a separate declaratory action disputing responsibility for the accident. The court ruled that DaimlerChrylser was the responsible carrier. Both defendants were in default at the date of trial for failure to respond. Plaintiff alleged Defendant Brooks caused the accident and was negligent in driving while intoxicated by alcohol and drugs. Plaintiff claimed Defendant Taylor was negligent in loaning the car to Brooks when she was clearly intoxicated. Plaintiff did not refer to Brooks criminal prosecution for the accident, but the jury was made aware of the intoxication issues as it had to allocate negligence between the individual defendants. Defendants Brooks and Taylor did not present a defense and defendant insurance carrier maintained that no evidence of alcohol or drugs should not presented to the jury because defendant individuals were in default. Further, defendant insurance carrier contended it was not liable for damages. Plaintiff Profile: Plaintiff s decedent was a 52 year old single female employed as a nurse. Alleged Injury: Death as a result of a fractured neck and other catastrophic auto accident injuries. Decedent was survived by three adult daughters. 1 hour DaimlerChrysler $4,000,000 (non-unanimous) NI Editor s Notes: Per plaintiff s counsel, defendant insurer appealed the court s declaratory action decision. Saginaw County, MI Circuit Court Saginaw Van Passenger Fails to Prove Driver Was Liable for Accident Laura Woods v. Margaret Naylor JACKSON, DARNELL No cause Darnell Jackson Date of 11/19/2007 ANAGNOST, MANDA L. TROESTER, JAMES F. Manda L. Anagnost, Saginaw James F. Troester, Saginaw Facts: A passenger in a van that was driven into a hole claimed she suffered permanent injuries as a result of the accident. Defendant maintained that the accident was not avoidable because there was no warning of the impending danger. A Saginaw County jury apparently agreed with the defendant and returned a verdict of no cause cause of action. Plaintiff Laura Woods was a passenger in a van driven by Defendant Margaret Naylor on South Park Street in Saginaw. Plaintiff claimed they were driving through a construction area where cement had been recently poured. There were no barricades or warnings on the road regarding the wet cement or hazards in the roadway. Plaintiff claimed defendant drove the van over or into a large hole that was partially filled with wet cement. Construction site workers stated that barricades had not been put back in place after the cement truck poured the concrete and left the site. Plaintiff alleged the hole in the street was open and obvious and a reasonable driver should have stopped or moved the the left to avoid the hole. Plaintiff claimed the impact from the van falling into the hole caused permanent neck and shoulder injuries. She claimed her injuries rose to the level of a serious impairment of body function which impacted her daily life activities. Plaintiff acknowledged that she and defendant did not see the hole until the vehicle was about a foot from the construction area. Defendant contended that neither she nor plaintiff saw the hole until the last minute and she was unable to avoid the unexpected event. She argued that her actions were not unreasonable, the condition was unforeseeable and the accident was unavoidable. She 20 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount