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Jury Verdicts 2006-2007
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2006-2007 Jury Verdicts

Auto Negligence - Construction Worker
Hattan v C. A. Hull Co., Inc.
2004 0376 NI
Judge Richard Caretti


Plaintiff's counsel: John Monnich
Plaintiff's expert(s) and fields of expertise:
Donald Holmes, reconstruction; Gerald Dresselhouse,
standard of care
Defendant's counsel: Jerome Galante for C.A. Hull
Defendant's expert(s) and fields of expertise:
Weldon Greiger, reconstruction; Thomas Malek and Dr. Taylor, engineering and construction
Case evaluation award: $7,000,000
Plaintiff's response: Accepted
Defendant's response: Rejected
Plaintiff's last settlement demand: $9.6 million
Defendant's high settlement offer: $1 million
Jury verdict: $57,653,500; liability assigned 85% to
contractor (Hull); 20% to driver (Bettcher)
Date of verdict: October 28, 2005
Facts:
Plaintiff's legs were amputed at the knee after being struck by a car in a freeway construction zone. Contractor was sued for failure to maintain a safe work site.

Auto Negligence
Anderson v Swiben
2003 4676 NI
Judge James M. Biernat, Sr.


Plaintiff's counsel: George Parrish
Plaintiff's expert(s) and fields of expertise:
Dr. Elskins and Dr. Paz, neurosurgeons; Dr. Vocl and Frankowski, neurologists; Dr. Brennan, physical med
Defendant's counsel: Michael Sawicki
Defendant's expert(s) and fields of expertise: None listed
Case evaluation award: $35,000
Plaintiff's response: Rejected
Defendant's response: Accepted
Plaintiff's last settlement demand: $75,000
Defendant's high settlement offer: $57,500
Jury verdict: $65,000 and $16,00 taxable costs and
interest
Date of verdict: Not provided
Facts:
Plaintiff's vehicle suffered a rear end impact while plaintiff was stopped to turn left. There was $9,000 damage to the vehicle. Plaintiff suffered herniated C5, 6 and 7 discs. There was no surgery and plaintiff was off work for three months.


Alleged Fireworks Negligence No Cause
Day v Clement
2004 5201 NO
Judge Donald G. Miller


Plaintiff's counsel: Michael Bosnic
Plaintiff's expert(s) and fields of expertise: Not provided
Defendant's counsel: Christopher Hunter
Defendant's expert(s) and fields of expertise: None
Case evaluation award: $50,000
Plaintiff's response: Accepted
Defendant's response: Rejected
Plaintiff's last settlement demand: $30,000
Defendant's high settlement offer: $15,000
Jury verdict: No cause of action - no negligence
Date of verdict: March 15, 2006
Facts:
Plaintiff was injured by a firework while attending a 4th of July party. She suffered a second degree burn on her leg, treated twice at ER, made one visit to a plastic surgeon and started seeing a psychologist.

Auto Negligence
Bender v Kimball
2004 4079 NI
Judge Richard L. Caretti


Plaintiff's counsel: Michael Yockey
Plaintiff's expert(s) and fields of expertise: Larry Peterson, accident reconstruction; Dr. Thomas Park, neuropsychiatrist; Dr. Reddy, plastic surgeon
Defendant's counsel: Mark Harder
Defendant's expert(s) and fields of expertise: None listed
Case evaluation award: $50,000
Plaintiff's response: Rejected
Defendant's response: Rejected
Plaintiff's last settlement demand: Not provided
Defendant's high settlement offer: Not provided
Jury verdict: $604,000, prior to reduction of future non-economic damages to present value and prior to application of 38% comparative negligence
Date of verdict: March 26, 2006
Facts:
Plaintiff was injured in a two vehicle collision. Plaintiff suffered a closed head injury and a facial scar. Negligence was contested.

Tenant Fall Claim No-Cause
Cunningham v Green
2003 1208 NO
Judge Deborah Servitto


Plaintiff's counsel: Regina Meo
Plaintiff's expert(s) and fields of expertise: Walter Cygan, CSP, PE, safety expert
Defendant's counsel: Roman Peraszczuk
Defendant's expert(s) and fields of expertise: Robert Malvin, construction and consulting services
Case evaluation award: $34,000
Plaintiff's response: Accepted
Defendant's response: Rejected
Plaintiff's last settlement demand: Not provided
Defendant's high settlement offer: $0.00
Jury verdict: No cause for action
Date of verdict: September 30, 2005
Facts:
Plaintiff-tenant fell down stairs which he claimed the landlord failed to keep in reasonable repair. Plaintiff sustained a fractured clavicle and comminuted distal radius fracture to the left wrist. Medical Malpractice
Gigante v St. Joseph Mercy Hospitals of Macomb
2003 5325 NH
Judge Mary ChrzanowskiPlaintiff's counsel: Helen Joyner
Plaintiff's expert(s) and fields of expertise: Dr. Robert Dein, obstetrician; Dr. Lerer, pediatrician
Defendant's counsel: Dale Hebert
Defendant's expert(s) and fields of expertise: Mark Dykowski, obstetrician; Edwin Popek, placental pathologist; John Uckele, obstetrician; Daniel Batton, neonatologist
Case evaluation award: $350,000
Plaintiff's response: Accepted
Defendant's response: Rejected
Plaintiff's last settlement demand: $200,000
Defendant's high settlement offer: $0.00
Jury verdict: $500,000
Date of verdict: November 10, 2005
Facts:
Plaintiff claimed that doctor failed to present to the hospital to perform a timely c-section for a term pregnancy involving a placental abruption.

Legal Malpractice
G & V Inc. et al v. Abdulla, et al
2003 0562 CZ
Judge Diane Druzinski


Plaintiff's counsel: Larry Bennett
Plaintiff's expert(s) and fields of expertise: Angus G. Goetz, Jr., standard of care; Charles Esser, damages; Bradley Conkey, appraiser
Defendant's counsel: Michael Sullivan and David Anderson
Defendant's expert(s) and fields of expertise: Richard Daganno, standard of care; Robert McAuliffe, damages
Case evaluation award: $101,500
Plaintiff's response: Accepted
Defendant's response: Rejected
Plaintiff's last settlement demand: $101,500
Defendant's high settlement offer: $0.00
Jury verdict: No cause for action
Date of verdict: October 19, 2005
Facts:
Plaintiffs alleged malpractice arising out of a real estate transaction involving a gas station and convenience store. The allegations included representing both sides in the transaction and concealment of material information by defendant. The jury found malpractice occurred, but was not the proximate cause of damage to plaintiffs. A motion for a new trial is pending.

Auto Negligence
Molnar v Cayton Jr., et al
2004 5028 NI
Hon. James Biernat, Sr.


Plaintiff’s attorney: Kevin McNeeley
Defendant’s attorney: Peter Peacock
Description of the Case: Defendant admitted liability for a rear end automobile collision.
Plaintiff’s expert: Dr. Maura Buckingham, general surgeon; Dr. Kehoe, orthopedic surgeon
Defendant’s expert: None listed
Case evaluation result: $20,000
Plaintiff case evaluation action: Rejected
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $75,000
Defendant’s high offer: $20,000
Jury verdict: No cause for action
Date of verdict: Not provided


Breach of Real Estate Sales Contract
Johnson v Gieleghem
2005 3349 CH
Hon. Edward Servitto, Jr.


Plaintiff’s attorney: John J. Simon
Defendant’s attorney: Jessica M. Lane
Description of the Case: Defendants refused to complete a closing on a residence. Changing market conditions resulted in a sale one year later at a $44,000 loss. The original sales agreement was $265,000. The home sold later of $225,000.
Plaintiff’s expert: Ken Krawczak, appraiser
Defendant’s expert: None listed
Case evaluation result: $18,000
Plaintiff case evaluation action: Not provided
Defendant case evaluation action: Not provided
Plaintiff’s last demand: $25,000
Defendant’s high offer: $12,000
Jury verdict: $44,000
Date of verdict: July 21, 2006


Contract - Property Damage
Miekowski v Allstate Insurance Co.
2004 4350 CK
Hon. James Biernat, Sr.


Plaintiff’s attorney: Not provided
Defendant’s attorney: Robert Fix
Description of the Case: Plaintiffs sustained property loss in a fire and made a homeowner's insurance claim. Defendant adjusted part of the claim, about $44,000, under the policy's mold exception, since they failed to protect the contents from mold.
Plaintiff’s expert: None listed
Defendant’s expert: Eve Davis, Allstate Adjuster
Case evaluation result: $27,000
Plaintiff case evaluation action: Accepted
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $27,000
Defendant’s high offer: $2,000
Jury verdict: $44,767.00
Date of verdict: Not provided

Frantzen v Hawasli
2003 2236 NM
Hon. Peter J. Maceroni
Medical Malpractice


Plaintiff’s attorney: Douglas Maskin
Defendant’s attorney: Anthony Arnone
Description of the Case: Plaintiff died after hernia surgery. Plaintiff claimed that prior to the surgery, defendant failed to diagnose colon cancer, thereafter causing injury to his colon.
Plaintiff’s expert: Dr. Robert Berman, general surgeon
Defendant’s expert: None listed
Case evaluation result: $90,000
Plaintiff case evaluation action: Accepted
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $90,000
Defendant’s high offer: $0.00
Jury verdict: No cause for action
Date of verdict: Not provided

Krasniqi v State Farm Mutual Insurance
2004 4608 NF
Hon. Richard Caretti
Auto - PIP- No Fault


Plaintiff’s attorney: Stu Fraser
Defendant’s attorney: Nate Edmonds
Description of the Case: Plaintiff sought no-fault benefits for 24 hour attendant care. State Farm had paid over $400,000 in benefits prior to trial.
Plaintiff’s expert: None listed
Defendant’s expert: None listed
Case evaluation result: $75,000
Plaintiff case evaluation action: Not provided
Defendant case evaluation action: Not provided
Plaintiff’s last demand: $250,000
Defendant’s high offer: $0.00
Jury verdict: $30,000 for all no-fault benefits and $42,000 attorney fees. With interest and costs, total award was $101,000
Date of verdict: Not provided

Third Party Auto Negliegence
Leavens v Jackson
2004 0854
Hon. Peter Maceroni


Plaintiff’s attorney: Marvin Stempien
Defendant’s attorney: Steven Kohler
Description of the Case: Plaintiff was stopped in traffic when defendant drove into her vehicle. She alleged aggravation of a preexisting joint problem in her lower back and a new radiculopathy at L-5, causing permanent nerve root impingement. Plaintiff can no longer work as a bank teller or manager.
Plaintiff’s expert: David Spiteri, M.D., physical medicine and rehabilitation
Defendant’s expert: Ronald Lederman, M.D., orthopedic surgery
Case evaluation result: $25,000
Plaintiff case evaluation action: Rejected
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $50,000
Defendant’s high offer: $0.00
Jury verdict: $75,000
Date of verdict: April 7, 2006

Auto Negligence
Mead v Bowles
2004 4267 NI
Hon. Edward Servitto, Jr.


Plaintiff’s attorney: Ronald Marvin
Defendant’s attorney: Robert Fix
Description of the Case: 14 year old plaintiff was riding her bicycle when she struck defendant's vehicle which he had pulled out of a driveway, blocking the sidewalk. Plaintiff was knocked from her bicycle and dragged 10 feet, causing serious leg disfigurement.
Plaintiff’s expert: None listed
Defendant’s expert: None listed
Case evaluation result: $100,000
Plaintiff case evaluation action: Accepted
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $85,000
Defendant’s high offer: $5,000
Jury verdict: $144,000, less 44% comparative negligence. Net verdict, after costs, was $89,679.25.
Date of verdict: June 23, 2006

Contract - Property Damage
Miekowski v Allstate Insurance Co.
2004 4350 CK
Hon. James Biernat, Sr.


Plaintiff’s attorney: Not provided
Defendant’s attorney: Robert Fix
Description of the Case: Plaintiffs sustained property loss in a fire and made a homeowner's insurance claim. Defendant adjusted part of the claim, about $44,000, under the policy's mold exception, since they failed to protect the contents from mold.
Plaintiff’s expert: None listed
Defendant’s expert: Eve Davis, Allstate Adjuster
Case evaluation result: $27,000
Plaintiff case evaluation action: Accepted
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $27,000
Defendant’s high offer: $2,000
Jury verdict: $44,767.00
Date of verdict: Not provided

No Fault 1st Party Benefits and Consumer Protection
Paquette v State Farm Mutual Ins.
2004 2787 NO
Hon. Donald Miller


Plaintiff’s attorney: Paul Zebrowski and Rick Friedman
Defendant’s attorney: James Hewson
Description of the Case: Plaintiff suffered a severe brain injury in an automobile collision in 1985. State Farm did not pay for much of his attendant care. Plaintiff also claimed a violation of the Consumer Protect Act.
Plaintiff’s expert: Stephen Prater, insurance expert; Robert Ancel, case management and rate establishment for attendant care; Nitin Paranjape, PhD, economist
Defendant’s expert: None listed
Case evaluation result: Not provided
Plaintiff case evaluation action: Not provided
Defendant case evaluation action: Not provided
Plaintiff’s last demand: None
Defendant’s high offer: None
Jury verdict: $3,296,413 in No Fault benefits; $3,295,767 for violation of the Michigan Consumer Protection Act
Date of verdict: July 26, 2006

Automobile Negligence
Qazi vs. Thomas
2002 2757 NI
Judge Deborah Servitto


Plaintiff's counsel: Patrick Rooney
Plaintiff's expert(s) and fields of expertise: None listed
Defendant's counsel: Bert DiStefano
Defendant's expert(s) and fields of expertise: Dr. Paul Drouillard, Dr. Bala Prasad
Case evaluation award: $7,500
Plaintiff's response: Not provided
Defendant's response: Not provided
Plaintiff's last settlement demand: None submitted
Defendant's high settlement offer: $7,500
Jury verdict: $60,000
Date of verdict: April 8, 2005
Facts:
Negligence was conceded following a rear-end automobile collision. There was a significant proximate cause issue due to plaintiff's pre-existing condition. The case was settled while post-trial motions were pending for $55,000.

Breach of Trust No Caused
Vergote vs. L & B Irrevocable Trust
2003 4205 CK
Judge Donald Miller


Plaintiff's counsel: Karen Trickey and Lawrence Scott
Plaintiff's expert(s) and fields of expertise: None listed
Defendant's counsel: Clifford Terry
Defendant's expert(s) and fields of expertise: None listed
Case evaluation award: $700,000
Plaintiff's response: Rejected
Defendant's response: Accepted
Plaintiff's last settlement demand: $500,000
Defendant's high settlement offer: $700,000
Jury verdict: No cause for action on counter-complaint for breach of trust
Date of verdict: April 15, 2005
Facts:
Plaintiff sued to prevent a distribution from the irrevocable trust he had created. Defendants counter-claimed for more than $8 million, asserting breach of the trust agreement in eight counts. The case proceeded to trial only on the counter-complaint.

Construction Barricade Crash
Lucas vs. Angelo Iafrato Const. Co.
2003 1073 NI
Judge James Biernat, Sr.


Plaintiff's counsel: Donoi Vesprini
Plaintiff's expert(s) and fields of expertise:
James Valenta, P.E. (highway safety) and plastic surgeon
Defendant's counsel: Jerry Galante
Defendant's expert(s) and fields of expertise:
William Taylor, Phd., highway safety,
Edward Domino, M.D., toxicologist
Case evaluation award: $10,000
Plaintiff's response: Rejected
Defendant's response: Accepted
Plaintiff's last settlement demand: $25,000
Defendant's high settlement offer: $10,000
Jury verdict: No cause for action
Date of verdict: April 15, 2005
Facts:
Motorcyclist ran into barricades during road construction on Ryan Road at night.

Premises Injuries No Caused
Marshall vs. Joe Dumars Field House
2003 4481 NO
Judge James Biernat, Sr
.

Plaintiff's counsel: Jenna Dabaja
Plaintiff's expert(s) and fields of expertise:
Dr. Gerold Shiner, psychologist
Defendant's counsel: Ted Kozerski
Defendant's expert(s) and fields of expertise: Not provided
Case evaluation award: $400,000
Plaintiff's response: Accepted
Defendant's response: Rejected
Plaintiff's last settlement demand: $375,000
Defendant's high settlement offer: $50,000
Jury verdict: No cause for action
Date of verdict: February 3, 2005
Facts:
An employee lowered a roll-gate on plaintiff's head. Plaintiff claimed closed head injuries. The jury concluded there was no negligence.

Corporate Malfeasance
Race Tec Inc. vs Weshe
2002 5766 CB
Judge James Biernat, Sr.


Plaintiff's counsel: Leiga Savage
Plaintiff's expert(s) and fields of expertise: None listed
Defendant's counsel: Robert Elsey
Defendant's expert(s) and fields of expertise:
Steve Permut, patent expert
Case evaluation award: $200,000
Plaintiff's response: Rejected
Defendant's response: Rejected
Plaintiff's last settlement demand: $500,000
Defendant's high settlement offer: $100,000
Jury verdict: $68,000 on a conversion count
Date of verdict: April 8, 2005
Facts:
On counter-suits involving conversion of assets, fraud by plaintiff, an accounting from defendant and dissolution, only the conversion count was submitted to the jury. The Court tried the accounting and dissolution issues. The fraud count was dismissed.

Auto Negligence
Scott vs. Kennedy
2000 4913 NI
Judge Donald Miller


Plaintiff's counsel: Gary Fields
Plaintiff's expert(s) and fields of expertise:
Nicholaas Schoch, D.O., orthopedic surgeon
Defendant's counsel: Michael Lewis
Defendant's expert(s) and fields of expertise: None
Case evaluation award: $20,000
Plaintiff's response: Rejected
Defendant's response: Accepted
Plaintiff's last settlement demand: $200,000
Defendant's high settlement offer: $20,000
Jury verdict: $420,000
Date of verdict: March 2, 2005
Facts:
Negligence was contested. Plaintiff suffered fairly severe injuries in an automobile collision which required surgery.

Slip and Fall at Bottle Return
Suzich vs. Kroger Co.
2002 5425 NO
Judge Donald Miller


Plaintiff's counsel: Thomas Jakuc
Plaintiff's expert(s) and fields of expertise:
Martin Kornblum, M.D., treating orthopedic surgeon
Defendant's counsel: John Potvin
Defendant's expert(s) and fields of expertise:
Dr. Philip Mayer, IME, physician
Case evaluation award: $40,000
Plaintiff's response: Rejected
Defendant's response: Rejected
Plaintiff's last settlement demand: $60,000
Defendant's high settlement offer: $20,000
Jury verdict: $111,000 (with interest, costs and case evaluation sanctions, the judgment was $150,000)
Date of verdict: March 30, 2005
Facts:
Plaintiff slipped and fell in front of a bottle return machine at Kroger. Plaintiff suffered a damaged disc with necessitated a spinal fusion. Kroger claimed it was 'open and obvious' and no notice of the condition.

Auto Negligence
Daniv vs. Kiewicz
2003 3761 NI
Judge Roland L. Olzark, Visiting Judge


Plaintiff's counsel: Ronald Marvin
Plaintiff's expert(s) and fields of expertise:
Dr. Gilyard, treating orthopedic surgeon and Jeffrey De Claire
Defendant's counsel: Mary Catherine Rentz
Defendant's expert(s) and fields of expertise: None
Case evaluation award: $20,000
Plaintiff's response: Accepted
Defendant's response: Rejected
Plaintiff's last settlement demand: $20,000
Defendant's high settlement offer: $100.00
Jury verdict: $7,000.00
Date of verdict: February 16, 2005
Facts:
Plaintiff was injured in a rear-end automobile collision. Plaintiff claimed an aggravation to a left shoulder injury, with later shoulder surgery. This was a No-Fault claim for attendant care, medical expenses and replacement services. Plaintiff sought approximately $500,000 in damages.

No-Fault Benefits
Gojcevic vs. Farm Bureau General Ins. Co.
2003 1734 NF
Judge Deborah A. Servitto


Plaintiff's counsel: Walid Fakhoury
Plaintiff's expert(s) and fields of expertise: Not provided
Defendant's counsel: John P. Seyfried
Defendant's expert(s) and fields of expertise: Not provided
Case evaluation award: $100,000
Plaintiff's response: Rejected
Defendant's response: Rejected
Plaintiff's last settlement demand: Not provided
Defendant's high settlement offer: $7,500
Jury verdict: $15,841 for wage loss only. Plaintiff was assessed case evaluation sanctions of approximately $52,000, for a net owed to defendant of $36,000
Date of verdict: April 19, 2005
Facts:
Plaintiff suffered a fractured hand/wrist in an automobile collision. Plaintiff was paid attendant care and replacement services for several months, then was denied further benefits. She sought damages of approximatley $200,000. The jury awarded plaintiff one year of wage loss only.

Auto Negligence
Daniv vs. Kiewicz
2003 3761 NI
Judge Roland L. Olzark, Visiting Judge


Plaintiff's counsel: Ronald Marvin
Plaintiff's expert(s) and fields of expertise:
Dr. Gilyard, treating orthopedic surgeon and
Jeffrey De Claire
Defendant's counsel: Mary Catherine Rentz
Defendant's expert(s) and fields of expertise: None
Case evaluation award: $20,000
Plaintiff's response: Accepted
Defendant's response: Rejected
Plaintiff's last settlement demand: $20,000
Defendant's high settlement offer: $100.00
Jury verdict: $7,000.00
Date of verdict: February 16, 2005
Facts:
Plaintiff was injured in a rear-end automobile collision. Plaintiff claimed an aggravation to a left shoulder injury, with later shoulder surgery.
Automobile Negligence Qazi vs. Thomas
2002 2757 NI
Judge Deborah Servitto


Plaintiff's counsel: Patrick Rooney
Plaintiff's expert(s) and fields of expertise: None listed
Defendant's counsel: Bert DiStefano
Defendant's expert(s) and fields of expertise:
Dr. Paul Drouillard, Dr. Bala Prasad
Case evaluation award: $7,500
Plaintiff's response: Not provided
Defendant's response: Not provided
Plaintiff's last settlement demand: None submitted
Defendant's high settlement offer: $7,500
Jury verdict: $60,000
Date of verdict: April 8, 2005
Facts:
Negligence was conceded following a rear-end automobile collision. There was a significant proximate cause issue due to plaintiff's pre-existing condition. The case was settled while post-trial motions were pending for $55,000.


Breach of Trust No Caused
Vergote vs. L & B Irrevocable Trust
2003 4205 CK
Judge Donald Miller


Plaintiff's counsel: Karen Trickey and Lawrence Scott
Plaintiff's expert(s) and fields of expertise: None listed
Defendant's counsel: Clifford Terry
Defendant's expert(s) and fields of expertise: None listed
Case evaluation award: $700,000
Plaintiff's response: Rejected
Defendant's response: Accepted
Plaintiff's last settlement demand: $500,000
Defendant's high settlement offer: $700,000
Jury verdict:
No cause for action on counter-complaint for breach of trust
Date of verdict: April 15, 2005
Facts:
Plaintiff sued to prevent a distribution from the irrevocable trust he had created. Defendants counter-claimed for more than $8 million, asserting breach of the trust agreement in eight counts. The case proceeded to trial only on the counter-complaint.


Dental Malpractice No Caused
Zin vs. Carlino
2003 4292 NH
Judge Richard Caretti


Plaintiff's counsel: Robert Gittleman
Plaintiff's expert(s) and fields of expertise:
Mark Ellis, D.D.S., general dentristry; Roger Druckman, D.D.S., general dentristry; and, Bassam Maax, neurology
Defendant's counsel: Dora Brantley
Defendant's expert(s) and fields of expertise: Harold Krauseneck, D.D.S., general dentristry; David Berlas, D.D.S., general dentristry
Case evaluation award: $15,000
Plaintiff's response: Accepted
Defendant's response: Rejected
Plaintiff's last settlement demand: None listed
Defendant's high settlement offer: $0.00
Jury verdict: No cause of action
Date of verdict: December 10, 2004
Facts:
Plaintiff claimed a nerve was damaged by an improper mandibular block. She suffers from permanent numbness. Defendant claimed it is a recognized complication of the procedure performed.


Dog Bite
Schultz v Smith
2005 0507 NO
Hon. James Biernat, Sr.


Plaintiff’s attorney: Michael Heilmann
Defendant’s attorney: Robert Fix
Description of the Case: Plaintiff saw a neighbor's unleased dog run after her son and bite him on the arm.
Plaintiff’s expert: None listed
Defendant’s expert: Dr. J. Keglarian, psychiatrist
Case evaluation result: $17,000/$14,000 (attorneys conflict on amount)
Plaintiff case evaluation action: Accepted
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $17,000/ $20,000 (conflict)
Defendant’s high offer: $100.00/ $4,000 (conflict)
Jury verdict: $10,000, plus interest and costs ($11,000)
Date of verdict: Not provided


Third Party Auto Negligence
Leavens v Jackson
2004 0854
Hon. Peter Maceroni


Plaintiff’s attorney: Marvin Stempien
Defendant’s attorney: Steven Kohler
Description of the Case: Plaintiff was stopped in traffic when defendant drove into her vehicle. She alleged aggravation of a preexisting joint problem in her lower back and a new radiculopathy at L-5, causing permanent nerve root impingement. Plaintiff can no longer work as a bank teller or manager.
Plaintiff’s expert: David Spiteri, M.D., physical medicine and rehabilitation
Defendant’s expert: Ronald Lederman, M.D., orthopedic surgery
Case evaluation result: $25,000
Plaintiff case evaluation action: Rejected
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $50,000
Defendant’s high offer: $0.00
Jury verdict: $75,000
Date of verdict: April 7, 2006


Auto Negligence
Mead v Bowles
2004 4267 NI
Hon. Edward Servitto, Jr.


Plaintiff’s attorney: Ronald Marvin
Defendant’s attorney: Robert Fix
Description of the Case: 14 year old plaintiff was riding her bicycle when she struck defendant's vehicle which he had pulled out of a driveway, blocking the sidewalk. Plaintiff was knocked from her bicycle and dragged 10 feet, causing serious leg disfigurement.
Plaintiff’s expert: None listed
Defendant’s expert: None listed
Case evaluation result: $100,000
Plaintiff case evaluation action: Accepted
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $85,000
Defendant’s high offer: $5,000
Jury verdict: $144,000, less 44% comparative negligence. Net verdict, after costs, was $89,679.25.
Date of verdict: June 23, 2006


No Fault 1st Party Benefits and Consumer Protection
Paquette v State Farm Mutual Ins.
2004 2787 NO
Hon. Donald Miller


Plaintiff’s attorney: Paul Zebrowski and Rick Friedman
Defendant’s attorney: James Hewson
Description of the Case: Plaintiff suffered a severe brain injury in an automobile collision in 1985. State Farm did not pay for much of his attendant care. Plaintiff also claimed a violation of the Consumer Protect Act.
Plaintiff’s expert:
Stephen Prater, insurance expert; Robert Ancel, case management and rate establishment for attendant care; Nitin Paranjape, PhD, economist
Defendant’s expert: None listed
Case evaluation result: Not provided
Plaintiff case evaluation action: Not provided
Defendant case evaluation action: Not provided
Plaintiff’s last demand: None
Defendant’s high offer: None
Jury verdict: $3,296,413 in No Fault benefits; $3,295,767 for violation of the Michigan Consumer Protection Act
Date of verdict: July 26, 2006

Premises Liability
Peppler v Kelly's Sports Bar
2004 4350 CK
Hon. James Biernat, Sr.


Plaintiff’s attorney: David Femminineo
Defendant’s attorney: Richard Carron
Description of the Case: Plaintiff fell down defendant's basement steps after going through an unlocked door. Plaintiff alleged back injuries, but did not receive serious treatment until years after the incident.
Plaintiff’s expert: None listed
Defendant’s expert: Dr. Leonard Sahn, neurologist
Case evaluation result: $69,000
Plaintiff case evaluation action: Rejected
Defendant case evaluation action: Rejected
Plaintiff’s last demand: N/A
Defendant’s high offer: N/A
Jury verdict: No cause for action.
Defendant entitled to sanctions
Date of verdict: July 28, 2006

Premises Liability
Powers v Morris
2005 1045 NO
Hon. Mary Chrzanowski


Plaintiff’s attorney: Not provided
Defendant’s attorney: Patrick Bennett
Description of the Case: Plaintiff claimed he fractured his leg while running from defendant's dog. Plaintiff was a plumber, there to give defendant an estimate. Plaintiff claimed defendant told him to go into the backyard, but defendant disputed this.
Plaintiff’s expert: Christopher Zingus, M.D., orthopod
Defendant’s expert: None
Case evaluation result: $37,000
Plaintiff case evaluation action: Not provided
Defendant case evaluation action: Not provided
Plaintiff’s last demand: $30,000
Defendant’s high offer: $7,000
Jury verdict: No cause for action
Date of verdict:

Case Name Not Provided
2005 1775 NI
Hon. Kenneth N. Sanborn, Visiting Judge
Auto Negligence


Plaintiff’s attorney: Maurice Herskovic
Defendant’s attorney: Sally Moore
Description of the Case: Plaintiff was waiting for a traffic light to change on Southbound Schoenherr at 13 Mile Road when she was struck from the rear by defendant and forced into the car in front of her. She sustained a humeral head contusion.
Plaintiff’s expert: Nicholas Schoch, M.D., orthopedic surgery; Steve A. Petersen, M.D., orthopedic surgery.
Defendant’s expert: None
Case evaluation result: $60,000
Plaintiff case evaluation action: Accepted
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $60,000
Defendant’s high offer: $0.00
Jury verdict: $100,000, with a net verdict, inclusive of attorney fees and costs, of $130,000.
Date of verdict: September 29, 2006

Flaig v Fulgenzi, et. al.
2004 0156 NM
Hon. John Foster
Medical Malpractice


Plaintiff’s attorney: Don Cutler
Defendant’s attorney: Gary Felty, Jr. as to Dr. Nanrapeneni
Description of the Case: Plaintiff died due to development of MRSA infection following a prosthetic implant.
Plaintiff’s expert: Marc Eisenbaum, M.D., internal medicine; Charles Levey, M.D., infectious disease.
Defendant’s expert: Daniel Panush, M.D., internal medicine
Case evaluation result: $90,000 ($70,000 as to Dr. Fulgenzi)
Plaintiff case evaluation action: Accepted
Defendant case evaluation action: Rejected as to Dr. Nanrapeneni; accepted by Dr. Fulgenzi
Plaintiff’s last demand: $Not provided
Defendant’s high offer: $30,000
Jury verdict: No cause as to Dr. Nanrapeneni. Dr. Fulgenzi settled at case evaluation
Date of verdict: June 7, 2006

Boston v Fred Kaul Funeral Home, Inc.
2004 3135 NO
Hon. Diane Druzinski
Mortuary Negligence


Plaintiff’s attorney: Christopher Pencak
Defendant’s attorney: John Candela
Description of the Case: Plaintiff alleged defendant had negligently embalmed and prepared plaintiff's husband's remains. Plaintiff claimed emotional distress, aggravation of an existing heart condition and breach of contract.
Plaintiff’s expert: Melissa Johnson, mortuary science; Dr. Acula
Defendant’s expert: Michael Wilk, mortuary science
Case evaluation result: $30,000
Plaintiff case evaluation action: Rejected
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $None
Defendant’s high offer: $30,000
Jury verdict: $36,000
Date of verdict: August 21, 2006

Premises Liability
Powers v Morris
2005 1045 NO
Hon. Mary Chrzanowski


Plaintiff’s attorney: Not provided
Defendant’s attorney: Patrick Bennett
Description of the Case: Plaintiff claimed he fractured his leg while running from defendant's dog. Plaintiff was a plumber, there to give defendant an estimate. Plaintiff claimed defendant told him to go into the backyard, but defendant disputed this.
Plaintiff’s expert: Christopher Zingus, M.D., orthopod
Defendant’s expert: None
Case evaluation result: $37,000
Plaintiff case evaluation action: Not provided
Defendant case evaluation action: Not provided
Plaintiff’s last demand: $30,000
Defendant’s high offer: $7,000
Jury verdict: No cause for action
Date of verdict:

Auto Negligence
Molnar v Cayton Jr., et al
2004 5028 NI
Hon. James Biernat, Sr.


Plaintiff’s attorney: Kevin McNeeley
Defendant’s attorney: Peter Peacock
Description of the Case: Defendant admitted liability for a rear end automobile collision.
Plaintiff’s expert: Dr. Maura Buckingham, general surgeon; Dr. Kehoe, orthopedic surgeon
Defendant’s expert: None listed
Case evaluation result: $20,000
Plaintiff case evaluation action: Rejected
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $75,000
Defendant’s high offer: $20,000
Jury verdict: No cause for action
Date of verdict: Not provided

Breach of Real Estate Sales Contract
Johnson v Gieleghem
2005 3349 CH
Hon. Edward Servitto, Jr.


Plaintiff’s attorney: John J. Simon
Defendant’s attorney: Jessica M. Lane
Description of the Case: Defendants refused to complete a closing on a residence. Changing market conditions resulted in a sale one year later at a $44,000 loss. The original sales agreement was $265,000. The home sold later of $225,000.
Plaintiff’s expert: Ken Krawczak, appraiser
Defendant’s expert: None listed
Case evaluation result: $18,000
Plaintiff case evaluation action: Not provided
Defendant case evaluation action: Not provided
Plaintiff’s last demand: $25,000
Defendant’s high offer: $12,000
Jury verdict: $44,000
Date of verdict: July 21, 2006

Premises Liability
Peppler v Kelly's Sports Bar
2004 4350 CK
Hon. James Biernat, Sr.


Plaintiff’s attorney: David Femminineo
Defendant’s attorney: Richard Carron
Description of the Case: Plaintiff fell down defendant's basement steps after going through an unlocked door. Plaintiff alleged back injuries, but did not receive serious treatment until years after the incident.
Plaintiff’s expert: None listed
Defendant’s expert: Dr. Leonard Sahn, neurologist
Case evaluation result: $69,000
Plaintiff case evaluation action: Rejected
Defendant case evaluation action: Rejected
Plaintiff’s last demand: N/A
Defendant’s high offer: N/A
Jury verdict: No cause for action. Defendant entitled to sanctions
Date of verdict: July 28, 2006


Dental Malpractice No Caused
Zin vs. Carlino
2003 4292 NH
Judge Richard Caretti


Plaintiff's counsel: Robert Gittleman
Plaintiff's expert(s) and fields of expertise: Mark Ellis, D.D.S., general dentristry; Roger Druckman, D.D.S., general dentristry; and, Bassam Maax, neurology
Defendant's counsel: Dora Brantley
Defendant's expert(s) and fields of expertise: Harold Krauseneck, D.D.S., general dentristry; David Berlas, D.D.S., general dentristry
Case evaluation award: $15,000
Plaintiff's response: Accepted
Defendant's response: Rejected
Plaintiff's last settlement demand: None listed
Defendant's high settlement offer: $0.00
Jury verdict: No cause of action
Date of verdict: December 10, 2004
Facts:
Plaintiff claimed a nerve was damaged by an improper mandibular block. She suffers from permanent numbness. Defendant claimed it is a recognized complication of the procedure performed.

Dog Bite
Schultz v Smith
2005 0507 NO
Hon. James Biernat, Sr.


Plaintiff’s attorney: Michael Heilmann
Defendant’s attorney: Robert Fix
Description of the Case: Plaintiff saw a neighbor's unleased dog run after her son and bite him on the arm.
Plaintiff’s expert: None listed
Defendant’s expert: Dr. J. Keglarian, psychiatrist
Case evaluation result: $17,000/$14,000 (attorneys conflict on amount)
Plaintiff case evaluation action: Accepted
Defendant case evaluation action: Rejected
Plaintiff’s last demand: $17,000/ $20,000 (conflict)
Defendant’s high offer: $100.00/ $4,000 (conflict)
Jury verdict: $10,000, plus interest and costs ($11,000)
Date of verdict: Not provided

Medical Malpractice No Caused
Thompson vs. Kuzel
2003 4172 NH
Judge Deborah A. Servitto


Plaintiff's counsel: James Craig
Plaintiff's expert(s) and fields of expertise:
Michael Berke, M.D., OB/GYN
Defendant's counsel: Maureen Adkins
Defendant's expert(s) and fields of expertise:
William Hurd, M.D., OB/GYN
Case evaluation award: $75,000
Plaintiff's response: Rejected
Defendant's response: Rejected
Plaintiff's last settlement demand: None listed
Defendant's high settlement offer: $0.00
Jury verdict: No cause for action
Date of verdict: February 17, 2005
Facts:
Plaintiff claimed the doctor failed to timely diagnose her ectopic pregnancy. She claimed that, as a result, she lost her fallopian tube and became unable to conceive.

Automobile Negligence
Qazi vs. Thomas
2002 2757 NI
Judge Deborah Servitto


Plaintiff's counsel: Patrick Rooney
Plaintiff's expert(s) and fields of expertise: None listed
Defendant's counsel: Bert DiStefano
Defendant's expert(s) and fields of expertise:
Dr. Paul Drouillard, Dr. Bala Prasad
Case evaluation award: $7,500
Plaintiff's response: Not provided
Defendant's response: Not provided
Plaintiff's last settlement demand: None submitted
Defendant's high settlement offer: $7,500
Jury verdict: $60,000
Date of verdict: April 8, 2005
Facts:
Negligence was conceded following a rear-end automobile collision. There was a significant proximate cause issue due to plaintiff's pre-existing condition. The case was settled while post-trial motions were pending for $55,000.

Breach of Trust No Caused
Vergote vs. L & B Irrevocable Trust
2003 4205 CK
Judge Donald Miller


Plaintiff's counsel: Karen Trickey and Lawrence Scott
Plaintiff's expert(s) and fields of expertise: None listed
Defendant's counsel: Clifford Terry
Defendant's expert(s) and fields of expertise: None listed
Case evaluation award: $700,000
Plaintiff's response: Rejected
Defendant's response: Accepted
Plaintiff's last settlement demand: $500,000
Defendant's high settlement offer: $700,000
Jury verdict: No cause for action on counter-complaint for breach of trust.
Date of verdict: April 15, 2005
Facts:
Plaintiff sued to prevent a distribution from the irrevocable trust he had created. Defendants counter-claimed for more than $8 million, asserting breach of the trust agreement in eight counts. The case proceeded to trial only on the counter-complaint.

Dental Malpractice No Caused
Zin vs. Carlino
2003 4292 NH
Judge Richard Caretti


Plaintiff's counsel: Robert Gittleman
Plaintiff's expert(s) and fields of expertise:
Mark Ellis, D.D.S., general dentistry;
Roger Druckman, D.D.S., general dentistry; and,
Bassam Maax, neurology
Defendant's counsel: Dora Brantley
Defendant's expert(s) and fields of expertise:
Harold Krauseneck, D.D.S., general dentistry;
David Berlas, D.D.S., general dentistry
Case evaluation award: $15,000
Plaintiff's response: Accepted
Defendant's response: Rejected
Plaintiff's last settlement demand: None listed
Defendant's high settlement offer: $0.00
Jury verdict: No cause of action
Date of verdict: December 10, 2004
Facts:
Plaintiff claimed a nerve was damaged by an improper mandibular block. She suffers from permanent numbness. Defendant claimed it is a recognized complication of the procedure performed.

Breach of Insurance Contract
Lawson vs. State Farm
2003 1379 CK
Judge Richard L. Caretti


Plaintiff's counsel: Ralph Safford
Plaintiff's expert(s) and fields of expertise:
Lance Coren, automotive and motorcycle appraiser
Defendant's counsel: James Hewson
Defendant's expert(s) and fields of expertise: N/A
Case evaluation award: $27,500
Plaintiff's response: Rejected
Defendant's response: Accepted
Plaintiff's last settlement demand: N/A
Defendant's high settlement offer: N/A
Jury verdict: $46, 437.00
Date of verdict: October 14, 2004
Facts:
Plaintiff claimed breach of an insurance contract regarding a stolen customized motorcycle.

Fraululent Conveyance Found
Conte vs. Parrish
2002 4055 NO
Judge James Biernat, Sr.


Plaintiff's counsel: Claude Beavers
Plaintiff's expert(s) and fields of expertise: None
Defendant's counsel: Mark Makoski
Defendant's expert(s) and fields of expertise: None
Case evaluation award: $7,500
Plaintiff's response: Rejected
Defendant's response: Rejected
Plaintiff's last settlement demand: None listed
Defendant's high settlement offer: None listed
Jury verdict: Fraudulent conveyance found
Date of verdict: February 16, 2005
Facts:
Creditor alleged debtor made a fraudulent conveyance via a quit claim deed to his mother.

Verdict for Plantiff Medical Malpractice
Chimelak vs. Rise
2001 4870 NH
Judge James M. Biernat, Sr.


Plaintiff's counsel: Brian McKeen
Plaintiff's expert(s) and fields of expertise:
John Daly (internal med), Michael Fishbein (pathology) and Tom O'Grady (vascular surgery)
Defendant's counsel:
Tony Arnone, Ken Perry, Meria Larsen
Defendant's expert(s) and fields of expertise: None listed
Case evaluation award: $120,000
Plaintiff's response: Rejected
Defendant's response: Rejected
Plaintiff's last settlement demand: $120,000
Defendant's high settlement offer: $0.00
Jury verdict:
$1,600.00 (after 25% comparative) as to Dr. Rise and Bi-County; $0 as to Drs. Rondini and Peterutti
Date of verdict: November, 2005
Facts:
45 year old decedent presented to Bi-County with diagnosis of pulmonary embolism. He was treated by Dr. Rise. Drs. Rondini and Peterutti cosulted.



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