Skip to main content

One Court of Justice Blog

Jul 2017
July 27, 2017

MSC invalidates post hoc causation reasoning

Through an order in Lowery v. Enbridge Energy Limited Partnership, No 151600, the Michigan Supreme Court reversed the determination of the Court of Appeals and ordered summary disposition be entered in favor of the defendant, who was alleged to be liable for plaintiff's bodily injury caused by an oil spill.  The Court concluded that the plaintiff's expert's causation opinion was, essentially, that the plaintiff did not have problems before the spill, and that his health issues developed after the spill.  The Court found that this was fallacious post hoc reasoning and did not support a dispute of material fact on the required element of causation. Justice Markman, joined by Justices Zahra and Wilder, wrote an extensive concurring opinion detailing his view of the expert causation testimony necessary to sustain a toxic tort claim.   

Jan 2017
January 02, 2017

COA rules that water leaking from defective fridge was proximate cause in slip and fall case

In Stenzel v Best Buy Company Inc., and Samsung Electronics American, Inc., No. 328804, a slip-and-fall case, the Court of Appeals held the trial court erred in granting summary disposition on the basis that there was no cause in fact or proximate cause. 

Apr 2016
April 04, 2016

MSC to determine whether an expert witness must establish specific causation in a toxic tort case to defeat summary disposition

In Lowery v. Enbridge Energy Limited Partnership, No. 151600, the Michigan Supreme Court granted leave to appeal to determine whether a plaintiff in a toxic tort case sufficiently established causation through expert testimony that inferred the causal link between the incident and the injury.


Sep 2015
September 28, 2015

MSC reinstates JNOV based on failure to show proximate cause

In Moss v. Hutzel Women’s Hospital, No. 150397, the Michigan Supreme Court held that a mother failed to establish the proximate cause element of her negligence claim because the connection between her child’s cerebral palsy and his time of delivery was merely speculative.  Accordingly, the Court revsered the Court of Appeals and remanded with instructions that the trial court grant the delivering hospital's motion for judgment notwithstanding the verdict.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -