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A Better Partnership

September 2010

Sep 2010
September 29, 2010

COA Opinion: Res Ipsa is not an appropriate jury instruction in a medical malpractice claim where the harm was caused by a known complication that occurs in the absence of negligence

In Swanson v. Port Huron Hospital, No. 275404, 278491, the Court of Appeals held that providing the jury with a res ipsa loquiter instruction is reversable error in a medical malpractice case where the injury suffered was a known complication of the procedure and occurred even in the absence of negligence. Plaintiff asserted a medical ma

Sep 2010
September 23, 2010

Court reporter jailed for failing to finish transcript

As reported in this morning's Detroit Free Press, a court reporter for Detroit's 36th District Court has been jailed for repeatedly missing deadlines to produce an overdue transcript. It is believed that this is the first time such a penalty has been imposed on a court reporter. The contemp

Sep 2010
September 22, 2010

COA Opinion: When police investigate a reported crime and ultimately arrest the wrong person, the individual who originally reported the crime is not the proximate cause of any injury to the wrongly

In Wilson v. Sparrow Health System et al., No. 290895, the Court of Appeals affirmed the trial court's dismissal of Plaintiff's negligence claim because the police investigation was the proximate cause of Plaintiff's injuries, not Defendant's inaccurate report to the police that Plaintiff was the person who had exposed himself. Plaintiff was a member of a gym and

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