Verdicts and Settlements

The stories below describe important moments in our journey for justice.

Hit and run drunk driver. The driver fled and was never tested for blood alcohol. Nevertheless, we collected substantial evidence of the driver’s activities within eight hours before the crash. We held four bars liable for serving the driver alcohol, using an expert toxicologist to calculate his level of intoxication based on the evidence we collected. This action against the bars is called a dram shop action, and required proof the driver was served while visibly intoxicated. Each of these defendant bars filed motions for summary disposition, arguing we could not meet our burden of proof, and each was denied. Result: $750,000 on a wrongful death action where the drunk driver had a $20,000 liability policy.

Caveat: at common law, which is law developed by courts over hundreds of years, there was no such thing as a dram shop action. It was believed the sole cause of any injury was the drinker, not the server. The Dram Shop Act is statutory law, written by the legislature. Many people have lost their dram shop case because they did not follow the rules in the statute. It’s full of traps.

Another drunk driver. This included damages for pain and suffering and economic loss, such as medical bills, wage loss, attendant care services, and more. The driver was tested at the seen and proven drunk. She had been drinking at a private party just before the crash. The social host could have been held liable for serving alcohol to her, a minor, but he was not capable of paying anything. We found the liquor store that sold the alcohol to her. The store, a mom and pop, denied the sale. But we carefully pieced together the timeline and whereabouts of the driver during the party. This was difficult because of the drunkenness of other partiers, and their reluctance to remember what happened. The evidence was contradictory, but we created an issue of fact that during the party she left to go to the store with some other partiers, that she was in the store, and although the evidence was contradictory, that she made the purchase as opposed to other adult partiers. This was an illegal sale. Result: $1,100,000 total for passengers of a vehicle struck by a drunk driver.

$100,000 for a man who was walking with his four year old son alongside a road on a fishing trip. He heard the truck coming from behind and instinctively threw his son to safety. Insurance agent offered $12,500. Truck driver tried to say they were walking in the street, but we had photographs of his tire marks in the grass past the edge of the shoulder. Defense faded away. This was the full amount available under the insurance policy.

Important: This case clearly shows the value of getting your attorney involved quickly. Without that photo, there would have been no proof positive that truck ran off the road. Click here for more information on what to do if you have been injured.

$775,000 for the family of another hero. The man tried to rescue the occupants of a vehicle that were in imminent peril on northbound I-75, near Flint. Two other vehicles then lost control. More than 90% of the liability insurance policies were paid. Each defendant brought motions for summary disposition. Some tried to blame the others. We beat the motion against the driver of the car in peril on a novel legal theory, rarely used.

$150,000 aribitration award for a victim of a slip and fall. This was vigorously contested. There were no witnesses; client had similar medical condition before the fall. Defendant hired a well-know neurologist, extremely conservative in his opinions, and somewhat of an advocate for the defense. Just days before trial was scheduled his deposition was taken by the defendant. On its face it sounded very detrimental to us. But we knew it wasn’t. We advised opposing counsel the day after the deposition that his doctor based his opinion on the wrong diagnostic film. We even gave the films to the attorney to confirm. He did, and immediately withdrew his expert, agreed to arbitration, which paved the way for the award.

$565,000 and counting for a client struck by a bus mirror. My client said he was standing on the sidewalk and a city bus came too close. Bus driver said he ran into the bus. Paramedic said my client admitted afterwards he was trying to kill himself. We used a very well qualified accident reconstructionist, who carefully examined the scene with the bus present, took measurements, and determined from the location of lacerations on my client’s face that he was standing on the sidewalk when hit. Client received damages and an award for wage loss, replacement services, and medical bills.

$25,000 for a very meaningful case. A young lady was referred by her doctor to a clinic for a pelvic examination. The clinic was very crowded and run like a factory. She made her own mistakes too, however. She told the receptionist that she was there for an exam, but filled out the paperwork incorrectly, stating she was there for an abortion. In the exam room the doctor came in with the nurse and began to treat her with no more than a casual greeting. He did not confirm the procedure she was to have. They gave her an abortion.

$206,000 jury verdict for an assault and battery. This case was evaluated by three attorneys for $7,500. Defendants claimed there was no assault on her, that she pushed one of them, and that she then fell to the ground and acted hurt. They presented employees on each of these points. They even presented evidence she was crying but there were no tears. The assailant was a young executive in the defendant corporation, very cocksure. At one point in cross, he blurted out that he doesn’t even go near that “element,” referring to my client. Without me even mentioning the point, defense counsel tried to explain what he meant by this. Jury saw through this.

$495,000 for a young lady injured by a defective bicycle.

$100,000 jury verdict for a young man based on a clinic employee’s statements in front of others about my client’s medical condition. We sued for defamation, invasion of privacy, intentional infliction of emotional distress, and negligence. Three attorney panel recommended a settlement of $15,000, which my client agreed to; but defendant rejected. After the trial, the defendant filed a motion to set aside the verdict, which the trial judge granted. We appealed, and the court of appeals reinstated the verdict. Read the opinion by clicking here.

$275,000 for dog bite of a child, which was more than 90% of the available insurance.

$275,000 for a facial dog bite. The interesting point here was the passage of time. The attack occurred when the child was nine. When he turned 18, he thought about getting plastic surgery, so he came to me. He just made it. In this case, the normal three year statute of limitations was extended to his 19th birthday, and not a day later.

$425,000 for severe hand injuries when “flash powder” exploded. A school friend, somewhat of a chemical aficionado, invited my client to his house. There he demonstrated this substance he made at home called “flash powder.” He took out a pill vial and poured out a fine white powder onto the ground, lit it and poof, a small flame and a lot of smoke, with a woosh sound. Then he poured some on his hand and did the same thing. Just a couple of kids having fun.

The substance was acetone peroxide. It can be made with substances found around the house, cooked up on the stove. The combination was discovered in the 1800’s but has never had a commercial use because it’s so unstable. No military has used it as a bomb because it is so unstable. It appears harmless. But scientists have a protocol they use when handling this substance and it requires wearing special gear and operating from behind a lead brick wall. As time goes by, it dries and then gets even more deadly. This substance was used in 2004 by terrorists in the London train bombing.

At the end of the demonstration, the maker of the AP gave the vial to my client and said if he wanted more to let him know. My client put it in his pocket and walked away.

A few days later, he went outside to use the “flash powder,” thinking it was just harmless powder. The moment he opened the vial, it blew up. The noise was loud enough for neighbors in their homes to hear. His hand that was clenching the vial was in tatters.

We hired a chemist to describe the properties of AP. He concluded that static electricity ignited the AP. My client didn’t light it. When he opened the vial, he didn’t have a chance.

The insurance company tried to kick the action out of court. It argued that under Michigan’s Wrongful Conduct Rule, my client was banned from bringing the lawsuit. It claimed he violated federal, state and local laws by possessing and using the substance, even though its client made it in the first place! Nevertheless, this was a very strong argument in law. But we argued it should be rejected, meticulously arguing each element of each law, and all exceptions to the statutory and common law Wrongful Conduct Rule. The judge agreed with our position and denied their motion, which allowed the recovery.

Success!

Southfield injury lawyer

02/24/09.