News
RECENT TRIALS
Case Caption: Pamela Lemmer, Personal Representative of the Estate of Jeff Deising, deceased v Transport Repair Services, Inc. and RZ Properties, LLC, Case No. 2009-11988-NO, In The Kent County Circuit Court, State of Michigan
Verdict: No cause/Defense verdict
Judge: Mark A. Trusock
Date of Vedict: 1/24/2011
Attorneys:
Plaintiff: John W. Knight, White Lake
John C. Kaplansky, Bingham Farms
Defendant: Russell W. Porritt II, Bloomfield Hills
Wendy C. Johnson, Toledo, OH
Facts: A worker fell to his death when the roof he was repairing gave way. His estate sought damages from the premises owner, the lessee of the premises. The defendants denied liability. A Kent County jury returned a verdict of no cause for action in the case.
Defendant RZ Properties owned real estate in Grand Rapids that was leased to Defendant Transport Repair Services, Inc., which ran a truck maintenance and repair facility at the location. In 2007, a leak was discovered in one of the buildings on the property. Weather Shield Roofing System was called to provide an estimate for repairs. Weather Shield conducted an initial inspection and then sent another representative to take core samples by drilling holes in the roof to further evaluate the extend of repairs. RZ Properties then contracted with Weather Shield on behalf of Transport Repair to perform the repairs.
Plaintiff’s decedent, Jeff Deising, was a temporary worker assigned to work at Weather Shield. On Deising's first day of work and while under Weather Shield's supervision, he was walking on the roof when it gave way. He fell through the roof and sustained fatal injuries.
Plaintiff’s alleged that defendants failed to maintain the roof in a reasonably safe condition and/or warn Deising of the dangerous condition of the roof deck. Plaintiff argued that defendants knew or should have known the deck was hazardous since an evaluation of the roof was conducted.
Defendants denied notice that the roof deck was in a state of disrepair. They argued that they were unaware of any roof hazards prior to Deising's fall. RZ Properties stated that is trlied on Weather Shield to properly identify the problem and the necessary repairs which would be required to fix the leak.
Plaintiff Profile: Plaintiff's decedent was a 40-year-old male who worked as a roofer at the time of this accident.
Alleged Injury: Blunt force trauma, resulting indeath several weeks after the fall.
Case Evaluation Award: $400,000
Settlement Efforts: Last Demand: $800,000
Last Offer: $50,000
Insurance Carrier: Colony Specialty Group
Case Status: Plaintiff’s Estate has filed an appeal and
Defendants have filed a cross-appeal
Portions of the above trial summaries from Michigan Lawyers Weekly and The Michigan Trial Reporter.
Case Caption: Ronald Osterhout and Stephanie Osterhout v Brandon Michael Woodley and The Sygma Network, Inc., Case No. 07-24204-NI, In The Monroe County Circuit Court, State of Michigan
Verdict: $300,000.
Judge: Joseph A. Costello, Jr.
Date of Vedict: 3/21/2011
Attorneys:
Plaintiff: Edmund O. Battersby, Farmington Hills
Samuel I. Bernstein, Farmington Hills
Defendant: Russell W. Porritt II, Bloomfield Hills
Wendy C. Johnson, Toledo, OH
Facts: Two tractor-trailers were involved in a rear-end collision that allegedly resulted in disabling injuries to the plaintiff. The defendants disputed causation and serious impairment. A Monroe County jury returned a $300,000 verdict for plaintiff; the plaintiff was entitled to $400,000 pursuant to a high/low agreement reached before trial.
Plaintiff Ronald Osterhout was driving a tractor-trailer on U.S. 24. Defendant Brandon Woodley was operating another tractor-trailer owned by Defendant The Sygma Network, Inc. and was travelling behind Plaintiff. Woodley rear-ended plaintiff. Defendants admitted liability.
Plaintiff alleged that he sustained serious back injury and never returned to work. He required two separate fusion surgeries. He was ultimately diagnosed with failed back syndrome and was disabled from working as a truck driver. Plaintiff claimed he may have had pre-existing physical complaints, but none of the prior injuries disabled him from working or caused his need for surgery. Plaintiff argued that this impact caused a serious back injury that constituted a serious impairment of body function, which prevented him from working.
Defendants contended that plaintiff had prior shoulder, lower back, wrist and knee problems, including significant arthritis and degeneration in both shoulders. Defendants asserted that plaintiff treated for lower back complaints with radiating pain and a diagnosis of left sciatica more than two months prior to this accident. Defendants argued that this accident did not cause plaintiff's injuries and any injuries plaintiff did sustain did not constitute a serious impairment of body function.
Plaintiff Profile: Plaintiff was a 59-year-old married male who was a truck driver.
Alleged Injury: Grade I spondylolisthesis at L5-S1 and L2-L3. Plaintiff underwent two separate surgical fusions and was diagnosed with failed back syndrome. He was unable to return to work and placed on Social Security Disability. Plaintiff sought excess wage loss and non-economic damages.
Case Evaluation Award: $675,000
Settlement Efforts: Last Demand: $850,000
Last Offer: $300,000
Insurance Carrier: Self-insured
Expert(s):
Plaintiff: Ernest Chiodo, M.D., Biomedical Engineer
and medical doctor.
Jeffrey Couturier, D.O. Emergency Medicine
Joseph S. Yazdi, M.D. Neurosurgeon
Dr. Robert Shugart Orthopedic Surgeon
Thomas R. Keucher, M.D. Neurosurgeon
Kiran Tamirisa, M.D. Physical Medicine and Rehabilitation
Keith Lehman, M.D. Internal Medicine
Robert Ancell, Ph.D. Vocational Rehabilitation
Defendant: John F. Wiechel, Ph.D., Biomechanical Engineer
Daniel J. McKernan, M.D. Orthopedic Surgeon
Case status: Case closed.
Portions of the above trial summaries from Michigan Lawyers Weekly and The Michigan Trial Reporter.