The Michigan Supreme Court has finally released its highly anticipated opinion reconsidering the “open and obvious doctrine” articulated more than 20 years ago in Lugo v. Ameritech Corp., 464 Mich. 512 (2001). In the split 5-2 opinion in the consolidated case of Kandil-Elsayed v. F&E Oil, Inc., ...
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Michigan Supreme Court Issues Major No-Fault Ruling Impacting Castrophophic Claimants
In Andary v. USAA, the Michigan Supreme Court ruled that 2019 reforms to the No-Fault statute do not apply to claimants involved in accidents before cost control took effect. In a 5-2 decision, the majority of the Court held that the statute did not clearly state that cost controls were intended ...