Doug Campbell recently won a worker’s compensation trial in which Plaintiff’s claims for injuries to the shoulder, back, knees, and psychological disability were denied. The Magistrate further found that Plaintiff had a retained wage earning capacity and did not meet the threshold for “good faith effort” to look for employment. The Plaintiff’s weekly benefit rate for an alleged ankle injury was significantly reduced. Mr. Campbell relied upon zealous cross examination of Plaintiff’s medical and vocational experts and strong surveillance video and testimony in achieving the victory.
No Cause - Arbitration
Attorney Jason Rudy successfully obtain a No Cause Verdict at arbitration. Mr. Rudy vigorously defended the negligence claim and was able to prove that his client’s actions were not a proximate cause of Plaintiff’s injuries resulting in a No Cause Verdict.
Appellate Victory on Permissive Use Defense
Our client was sued for ownership liability. We filed a motion to dismiss the lawsuit because our client’s car had been taken without permission. After the trial court denied the motion, Mr. Klein filed an application for leave to appeal. The Court of Appeals reversed the trial court and ordered that summary disposition be entered in favor of our client.
Super Lawyer Awarded
RCR is pleased to announce that Ken Rich has been recognized as a Super Lawyer – Personal Injury Defense, a designation that is awarded only to a select number of accomplished attorneys in each state.
SD Victory Claimed
RCR won summary disposition in favor of a UIM insurer when the liability insurer’s aggregate payments, including to claimants not insured under the UIM policy, equaled the aggregate UIM limit.
Another SD Victory
Yosef Klein obtained summary judgment on behalf of an insurer, and a ruling of no defense or indemnity owed, against a medical facility who delayed reporting a medical malpractice wrongful-death claim.
Board of Directors
Tom Roeder was recently appointed to the Board of Directors for the Association of Defense Trial Counsel (ADTC). Tom is honored to join the board and hopes to help the ADTC continue its tradition as a respected and trusted institution.
Summary Disposition Upheld on Appeal
The claim arose out of a fire in a commercial property. Summary disposition was obtained by Mr. Klein for the insurer and upheld on appeal granting rescission after insured failed to report loss prior to issuance of retroactive renewal policy.
SD Upheld on Appeal
Summary judgment was obtained by RCR for an insurer and upheld on appeal based on the total pollutant exclusion.
Another Victory via Summary Disposition
Attorney Nathan Thomas obtained summary judgment on behalf of an insurer and against a medical facility who tried to recoup claimed expenses that were over two years old. Mr. Thomas successfully argued that the bills were contemplated in a prior settlement and the facility could not bill the insurer. The Court agreed, and dismissed the facility’s lawsuit.
Another SD Victory
Summary disposition was obtained by Yosef’s team for an insurer and upheld on appeal based on a policy exclusion. The claim arose out of the death of a subcontractor’s employee.
Reversal on Appeal in Favor of Insurer
Yosef obtained reversal of the circuit court’s ruling in favor of insured. The Court held that the policy’s “temporary occupancy” provision applied and that the insurer owed only the relevant sublimit.
RCR is excited to congratulate Jason Rudy on being named an equity partner. The new role is well deserved as Jason has been an excellent attorney and remains an aggressive advocate for his clients.
RCR Welcomes Max McHugh
RCR is excited to welcome associate attorney Max McHugh. He graduated from Wayne State Law School and is a welcome addition to our growing practice. Max has experience both in court and with comprehensive pre-litigation strategy.
RCR Welcomes Nathan Thomas
Rich, Campbell & Roeder is pleased to announce the hiring of attorney Nathan Thomas. He is an experienced trial attorney that will be a valuable asset to RCR’s litigation department. We are excited to have Nate join the team.
Super Lawyer Awarded
RCR is pleased to announce that Yosef Klein has been recognized as a Super Lawyer – Rising Star, a designation awarded to only 2.5% of Michigan lawyers.
Summary disposition was obtained for insurer based on general liability policy’s auto exclusion, notwithstanding alternative legal theories asserted by claimant.
$1 Million Exposure Avoided
A million-dollar policy was rescinded based on a policy exclusion. Yosef Klein obtained dismissal with prejudice.
No Cause Verdict-PIP
Ken Rich obtained a $0 verdict in a PIP jury trial. The Plaintiff was seeking over $200,000 in PIP damages and alleged a closed head injury.
Matt Sunderlin obtained summary dismissal of a Plaintiff’s negligence claims. The Court found that the Plaintiff did not sustain any “threshold” injury in the alleged accident and dismissed the Plaintiff’s claims against the driver and the owner of the alleged at-fault vehicle with prejudice.
Victory at the COA
Doug Campbell secured a victory in the Michigan Court of Appeals. We successfully argued that the underlying claimant was in the “course and scope of his employment” when involved in a motor vehicle accident. The Court reversed the trial court opinion that the claimant was “going to or coming from work” and therefore not covered by the Worker’s Compensation Act.
Yosef Klein achieved summary disposition via policy rescission. A backdated policy that had been issued after an unintentional lapse in coverage was rescinded.
No Cause Verdict-Negligence
Ken Rich and Tom Roeder secured a no cause verdict in a jury trial in connection with a negligence lawsuit brought by two Plaintiffs. The jury agreed that the Defendant caused the accident, but found that the Plaintiffs did not sustain serious impairments.
Jason Rudy was able to elicit key testimony from all of the parties and witnesses in order to prove that our client did not cause or contribute to the accident. The Court granted his Motion for Summary Disposition on negligence and the case was dismissed with prejudice.
Summary Disposition Granted
Jason Rudy obtained summary disposition in a negligence case in favor of an RCR client. The Judge agreed that Plaintiff was over 51% at fault and granted the motion in our favor. The case was dismissed with prejudice.
Tom Roeder secured dismissal of Plaintiff’s entire PIP claim (totaling over $400,000) pursuant to Bahri v. IDS Property Casualty Insurance Company. Tom obtained testimony from the Plaintiff and her care provider proving that the alleged attendant care claims were fraudulent and convinced the Judge to dismiss the case entirely.
Replacement Services Claim Tossed
Matt Sunderlin obtained summary dismissal of a Plaintiff’s replacement services claim. The Judge agreed that Plaintiff’s claims were not actually incurred pursuant to the Michigan No-Fault Act.
Material Misrepresentation Dismissal
Yosef Klein sought and achieved summary disposition of a PIP case. The Judge granted policy rescission of the auto policy for material misrepresentation.
Doug Campbell secured dismissal of a PIP case filed by out of state resident. Under the newly amended version of MCL 500.3163, out-of-state insurers of out-of-state residents no longer have to provide Michigan No-Fault PIP benefits at all unless the out-of-state resident owns and insures a Michigan-registered vehicle.
Court of Appeals Victory
A coverage denial based on an exclusion was overruled by the trial court. Yosef and Ken won outright at the Appellate level. $400,000 in bills were dismissed.
Failure to Disclose
Ken Rich secured dismissal of a PIP claim due to Plaintiff’s failure to disclose his resident spouse on the application. Rescission of the policy was granted by the Judge and the case was dismissed with prejudice.