Negligence Law Section e-Newsletter
Issue 3 Volume 3 Spring 2012

Paul J. Manion
Rutledge, Manion, Rabaut,
Terry & Thomas PC

On May 18, 2012, at the Detroit Golf Club, the Negligence Section will host its Annual Past Chair's Dinner. During the festivities, Jim Borin of Garan Lucow Miller P.C. will receive the Section's prestigious Earl Cline Award. This recognition is presented in honor of Jim's superb skills, ethics, and contributions throughout his lengthy career to the practice of negligence law and lawyering in general. My personal congratulations to my DCL classmate.

On August 5, 2012, the Negligence Section will be holding its "Up North" Summer Meeting at the Park Place Hotel in Traverse City, Michigan. During that meeting, the Section will be presenting to Bill Booth of Plunkett Cooney its Annual Outstanding Achievement Award. Bill has been routinely recognized as an excellent lawyer, who practices with great skill, civility and commitment to his clients. He is a shining example to all of us as to how lawyering should be conducted.

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P.A. 2011, No. 163, Eff. 1/1/2012: Back to Repose and Limitations

Noreen L. Slank
Collins, Einhorn, Farrell & Ulanoff, P.C.
4000 Town Center, Ste. 909, Southfield, MI 48075
(248) 351-5444

It's October 9, 2012. Your client just called to let you know she was injured nine months ago, on January 2, 2012. SlankHeavily-angled windows on the lowest level of an office building shattered on a breezy day. She was injured and wants to sue. Ark-i-Tek designed the building in 2006. It was certified for occupancy in 2009. Ark-i-Tek did nothing on the project after 2007. In late 2006, EnginNear conducted wind tunnel tests under contract with Ark-i-Tek and decided the angled windows would withstand beyond-gale-force winds and then skedaddled from the project. Tsao was the general contractor and used the customary gobs of subs on the project, including Windows-R-Us. Tsao pulled up stakes at the site in mid-2010. The window work was completed as one of the last items.

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The Michigan Association for Justice in cooperation with The Michigan Defense Trial Counsel offer their membership and the public this first time opportunity to purchase:

Motor Vehicle No-Fault Law in Michigan 2011 Edition

Pursuading The Court

Hal O. Carroll

Figuring out what a policy or an indemnity clause says can be tricky, and the purpose of the preceding ten articles was to provide some pointers and make the process a little more focused, if not necessarily easier.

But questions about coverage and indemnity are almost always resolved by motions for summary judgment or summary disposition, so the crucial task is explaining the clause at issue to the judge. Impassioned arguments to a jury are out of place here.

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The Negligence Counsel is trying to keep its finger on the pulse of what is going on with the legislature. As a consequence, we have invited a number of legislators to come address the counsel. Most recently, we were fortunate to have both Lisa Brown from the 39th District and Kurt Heise from the 20th District. We thank representatives Brown and Heise for their participation, and willingness to listen to the views of your negligence counsel.

Lisa Brown—39th District Representative
BrownLisa A. Brown is a Dykema commercial litigator with a diverse practice. Ms. Brown handles contract and business disputes with national implications as well as litigation involving purely private disputes and issues. In addition to UCC, commercial and contract work, clients seek her legal representation on recall and warranty cost-recovery matters, automotive supplier disputes, patent infringement cases, real estate, shareholder and other business litigation and class actions. Ms. Brown has handled complex litigation in state and federal courts, participating as trial counsel, and representing clients before alternative dispute resolution forums throughout the country.

Kurt Heise—20th District Representative
HeiseHeise began his career as a city attorney in Dearborn Heights and the City of Woodhaven, followed by serving as mayor's deputy in Dearborn Heights. From 2003 to 2009, Heise served as Director of the Wayne County Department of Environment where he played a significant role in the development of the State Watershed Alliance Act, was a member of the Blue Ribbon Commission for Lake St. Clair, and was appointed by the Speaker of the House to serve as co-chair of the Michigan Groundwater Conservation Advisory Council.

Michigan Lawyers Weekly wants to hear about your verdicts & settlements. Please submit recent civil cases (within the past six months) where you prevailed—whether in a jury verdict or a settlement—so they may publish them. Questions about Lawyers Weekly's Verdicts and Settlements policy may be directed to the editor at (800) 678-5297 or

Legislative Update

Simple Negligence—Not so Simple

Todd Tennis

Every year, several pieces of legislation are introduced in Michigan seeking to immunize one group or another from liability for negligence. These bills usually allow lawsuits to proceed if the actions of the defendant rose to the level of "gross negligence" or "willful and wanton misconduct." Most attorneys understand that trying to sue for "gross negligence" or "willful and wanton misconduct" is next to impossible. Unfortunately, most lawmakers are not making that connection.

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Save the Date!

Negligence Law Section Annual Meeting and Program
Friday, September 21, 2012
1:00-3:00 p.m.
Devos Place/Amway Grand Plaza, Grand Rapids

2012 Spring Meeting
April 26–29
Bellagio, Las Vegas

Bienenstock Court Reporting & Video—Lauren Bienenstock
30800 Telegraph Rd., Bingham Farms, MI 48025
Ph: 248.644.8888
Fax: 248.644.1120

Lawsuit Financial Corporation—Mark M. Bello
29777 Telegraph Rd., Ste 1310, Southfield, MI 48037
Ph: 248.948.1800
Fax: 248.948.1802

Leading Technologies, LLC, Consultants and Forensic Experts—Robert Yano
18118 US 20, Fayette, OH 43521
Ph: 419.452.6992
Fax: 419.452.6993

Legal Copy Services, Inc.—Beth Cannon
781-B Kenmoor Ave, SE, Grand Rapids, MI 49501
Ph: 616.949.1614
Fax: 616.949.6472

Daniel P. Makarski
Alternative Dispute Resolution
Secrest, Wardle, Lynch, Hampton, Truex & Morley PC
94 Macomb Pl, Mt. Clemens, MI 48043
Ph: 586.465.7180 x 3101
Fax: 586.465.0673

Ringler Associates—Mark Vogel
85 Campau NW, # 302
Grand Rapids, MI 49503
Ph: 616-235-1400
Fax: 616-235-1450

Dunleavy & Associates—Patrick Dunleavy
36500 Orchard Hill Place, Ste. 190
Novi, MI 48375
Ph: 248-305-8899
Fax: 248-305-8833

Park Place Hotel

Summer Meeting Reception & Golf

Sunday, August 5, 2012
Park Place Hotel

After Glow
9:00–10:00 p.m.
Beacon Lounge @ Park Place Hotel

Golf 9:00 a.m.
Monday, August 6, 2012

The Kingsley Club All golfers must provide a valid credit card to use in the event of a late cancellation or no-show. All credit card numbers will be secured and only used if the golfer does not cancel prior to July 14, 2012 or does not show up on August 6, 2012.

Outstanding Achievement Award 2012

The Negligence Law Section of the State Bar of Michigan proudly confers this Outstanding Achievement Award upon William D. Booth for his/her distinguished service to the legal community.

History of Recipients:

2008—Justice Elizabeth Weaver
2009—Attorney, Dean Robb
2010—Judge Elizabeth Gleicher, Michigan Court of Appeals
2011—Justice Michael Cavanagh
2012—Willam D. Booth

In This Issue
Message from Chair
Insurance Coverage Advisor
Legislative Update

State Bar of Michigan Negligence Council

Paul J. Manion
Rutledge, Manion, Rabaut,
Terry & Thomas PC

Thomas W. Waun
Waun & Parillo PLLC

Steven B. Galbraith
Galbraith, Delie & James PC

Jody L. Aaron
McKeen & Associates PC

Mark Bernstein
Bernstein Law Firm

Ronald F. DeNardis
DeNardis & Miller PC

Jennifer M. Grieco
Neuman Anderson PC

Michael R. Janes
Martin, Bacon & Martin PC

Ven Johnson
Johnson Law

David Mittleman
Church Wyble PC

Anne L. Randall
Portnoy & Roth PC

Robert M. Raitt
Michigan Auto Law

Michael J. Sullivan
Collins, Einhorn, Farrell & Ulanoff PC

David E. Christensen
Gursten, Koltonow, Gursten, Christensen & Raitt PC

Brian D. Einhorn
Collins, Einhorn, Farrell & Ulanoff PC

Todd N. Tennis, Lansing

Anne L. Randall
Michael J. Sullivan

Madelyne Lawry

Advertise in this publication—contact Madelyne Lawry, Advertising Information
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