In an unpublished opinion, the Michigan Court of Appeals found that an exception applied to the parked car exclusion of the No-Fault Act to provide Personal Injury Protection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 […]

Attorneys John Gwyn and Joel Ashton from the Firm’s Community Association and Real Estate Law practice group are at the Community Associations Institute (CAI) Annual Conference and Expo today, Friday, March 3.  If you are attending the Conference, please plan on stopping by CMDA’s booth (#201).  We look forward to sharing information on the various legal services our Firm’s Community Association and Real Estate Law practice group provides.

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 […]

CMDA Attorneys Joel Ashton and Stanley Okoli recently had a third-party automobile negligence action dismissed on summary disposition in favor of the dealership that owned the automobile driven by the allegedly negligent driver. In this case, a car dealership customer was involved in an accident while driving a loaner vehicle owned and provided by the defendant dealership while it repaired the customer’s vehicle. The plaintiff, who also sued the customer […]

Joel Ashton and Stanley Okoli recently had dismissals upheld on two related Condominium Association cases in the Michigan Court of Appeals and Michigan Supreme Court. To say the least, these were contentious cases in which a co-owner experienced a sewer back-up in her basement in October 2016, with the alleged subsequent discovery of rod hole leaks in the foundation, for which she initially sued the Condominium Association, its insurer, the […]

Attorneys John Gwyn and Joel Ashton from the Firm’s Community Association and Real Estate Law practice group participated in the Community Associations Institute’s (CAI) Great Exhibitor Outdoor Fair at Mill Race Park in Northville, Michigan.  John Gwyn was a speaker at the event’s Q&A Education Panel of Experts where he offered his legal expertise on a variety of questions regarding Homeowners’ Associations and Condo Associations. Both attorneys enjoyed interacting with […]

Attorneys John Gwyn and Joel Ashton from the Firm’s Community Association and Real Estate Law practice group participated in the Community Associations Institute’s (CAI) Great Exhibitor Outdoor Fair on May 19, 2021 at Mill Race Park in Northville, Michigan.  John Gwyn was a speaker at the event’s Q&A Education Panel of Experts where he offered his legal expertise on a variety of questions regarding Homeowners’ Associations and Condo Associations. Both […]

In dismissing a slip and fall case that occurred in a common area, the Michigan Court of Appeals delved into the differences between a housing cooperative and a condominium. Jeffrey-Moise v. Williamsburg Towne Houses Cooperative, Inc., No. 351813, 2021 WL 650475 (Mich. Court of Appeals, approved for publication on April 1, 2021). In this case, the Plaintiff, a member and resident of the Defendant housing cooperative, cleared snow from her […]

Joel Ashton, a partner in our Livonia office, recently had a case dismissed for a Condominium Association on summary disposition pursuant to MCR 2.116(C)(8) in the Oakland County Circuit Court. In this case, a disgruntled condominium owner represented himself in his quest to obtain a preliminary injunction to avoid the imminent March 2020 election of three directors to the Board of Directors or, alternatively, to set aside the results of […]

The most significant amendments to the Michigan No-Fault law take effect on July 1, 2020. For the past year, the headlines have been filled with news about changes to the Michigan auto insurance law. There has been repeated mention of the expense of automobile insurance and the need for reform. What do the changes mean for you, your family or your business? We may not give it much thought, but […]