Carol Smith Obtains No Cause Verdict

CMDA congratulates Attorney Carol Smith on another trial victory. Carol represented a trucking company and its driver who admitted negligence for an automobile accident. At issue were the injuries of a 31-year-old plaintiff who underwent two cervical spine fusions and is left with what his Beaumont surgeon testified is likely permanent nerve damage. The plaintiff denied any prior neck pain and, though there was a question of whether that was […]

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Carol Smith Named to MiLW Class of 2024 Up & Coming Lawyers

Please join us in congratulating Carol Smith on her selection to Michigan Lawyers Weekly’s Class of 2024 Up & Coming Lawyers. She is one of only 25 attorneys in Michigan to be selected to this year’s class. Michigan Lawyers Weekly’s “Up & Coming honorees have excelled in the profession and are standouts among their peers — all in their first 10 years of practice. These lawyers are establishing themselves as […]

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Partner Matthew Cross Returns to CMDA

We are pleased to announce that a familiar face is back in the Firm’s Traverse City office. Please join us in welcoming Matthew W. Cross back to CMDA. Matt Cross is a partner in our Traverse City office where he focuses his practice in the areas of insurance defense litigation, law enforcement defense and litigation, and municipal law. Matt has experience handling employment law, personal injury defense, marijuana licensing litigation, […]

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Michigan Supreme Court Rules on Retroactivity of 2019 No-Fault Amendments

On July 31, 2023, the Michigan Supreme Court held that the new fee schedule and attendant care limitations contained in MCL 500.3157 do not apply retroactively to PIP insureds who sustained accidental bodily injuries prior to the effective date of the 2019 No-Fault amendments.  In Andary et al v USAA Casualty Insurance Company and Citizens Insurance Company of America, the Court reasoned that the No-Fault insurance policy and disputed portions […]

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Grant Wins Dismissal for Utility in Electrical Shock Case

Greg Grant of the Traverse City office recently obtained dismissal on behalf of a large utility company in a case that was litigated for over four years. The plaintiff in the case alleged negligence after she was electrocuted while inside of her vehicle when it came into contact with a low-hanging power line during a severe thunderstorm in Northern Michigan. The evidence demonstrated that a tree branch had fallen on […]

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Attorney Carol Smith Wins MSD on Serious Impairment Threshold             

In a recent case handled by Attorney Carol Smith, the claimant was being transported home from dialysis in a non-emergency medical transportation (NEMT) vehicle when she fell out of her chair and seemingly suffered a highly comminuted, displaced fracture of her left femur. She underwent surgical repair with hardware placement the following day and, as a result of the surgery, was hospitalized for three weeks and then in-patient at a […]

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Michigan Court of Appeals Clarifies Parked Vehicle Exclusion of No-Fault Act

In an unpublished opinion, the Michigan Court of Appeals found that an exception applied to the parked car exclusion of the No-Fault Act to provide Personal Injury Protection (PIP) coverage in a case in which a stretcher overturned while attempting to load a patient into an ambulance. In Djeljaj v American Alternative Insurance Corporation, 2023 WL 3556897, while being transferred from one medical facility to another, the Plaintiff was purportedly […]

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Attorney Carol Smith Wins Appeal that Sought to Overturn Trial Victory

The Sixth Circuit Court of Appeals has denied a new trial in a case won by Attorney Carol Smith in the Western District of Michigan. The plaintiffs’ appeal cited several alleged errors made by the trial court leading up to and during the jury trial. The court of appeals sided with Ms. Smith and her clients, bringing finality to this years-long legal battle. The lawsuit was filed by a Chicago-based […]

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Michigan Court of Appeals Provides Guidance On Denials and Tolling for PIP “One Year Back Rule”

Noting that no published authority had yet addressed the interplay of the 2019 No-Fault amendments with pre-amendment case law for the “one year back rule,” the Michigan Court of Appeals has concluded that the amendments return the state of law to that provided in the 1986 Michigan Supreme Court ruling in Lewis v. Detroit Auto Inter-Ins. Exch., 426 Mich 93, and its progeny.  Notably, this includes the requirements that for […]

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Joseph Ramirez Successfully Mediates Dispute between Insurer and Insured

Joseph M. Ramirez, an attorney in our Kansas City office, successfully negotiated coverage for a client that was involved in a car accident in California. A third-party claim for damages in excess of $75,000 was made against Mr. Ramirez’s client. Coverage questions arose leading to a dispute between insurer and insured, which could have resulted in his client being personally at risk. Mr. Ramirez used his experience and expertise with […]

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