Volume 12 #2
Winter 2020
Message from the Chair











Thomas R. Behm
Gruel Mills Nims & Pylman PLLC

On December 16, 2020, the Michigan Supreme Court issued Administrative Order No. 2020-23 setting forth the following twelve Professionalism Principles.

In fulfilling our professional responsibilities, we as attorneys, officers of the court, and custodians of our legal system, must remain ever-mindful of our obligations of civility in pursuit of justice, the rule of law, and the fair and peaceable resolution of disputes and controversies. In this regard, we adhere to the following principles adopted by the State Bar of Michigan and authorized by the Michigan Supreme Court...
Government Affairs Update












Todd Tennis
Capitol Services
As of this writing, the Legislature is wrapping up the last few days of the 2019-2020 Legislative session. It has been a year dominated by a pandemic, and the Legislature has spent much of its energy on addressing the deadly COVID-19 outbreak. Amongst the legislation that provided relief for front-line workers and people who lost their jobs due to the pandemic were several bills that sought to protect employers against civil liability claims related to COVID-19...
Premises Liability Law – Time to Rethink?












Todd J. Stearn
Law Offices of Todd J. Stearn PLC
A long time ago, in what seems like a galaxy far, far away, Michigan law actually recognized at least two separate and distinct duties that premises owners owed to invitees :(1) a duty to maintain the property in a reasonably safe condition and (2) a duty to warn of hidden or latent defects. Ackerberg v. Muskegon Osteopathic Hosp., 366 Mich. 596, 599–600, 115 N.W.2d 290 (1962) and Samuelson v. Cleveland Iron Min. Co., 49 Mich. 164, 13 N.W. 499 (1882) If conditions were known to, or discoverable by, the premises owner through the exercise of reasonable care, the premises owner had the obligation to exercise reasonable care to protect the invitee from the danger. The defendant’s failure to warn of defects could also indicate a breach of the legal duty owed plaintiff.  Quinlivan v Great Atlantic & Pacific Tea Co., Inc. 395 Mich 244, 260-261, 235 NW2d 732 (1975)...
Immunity, Tolling, and Zoom - Oh My!












Jenna Wright Greenman
Kitch Drutchas Wagner Valltutti & Sherbrook
As 2020 draws to a close, it is difficult to describe what type of year we have had as humans, let alone as trial attorneys. For the past nine months, we have been barraged by news that has often been contradictory and politicized. We have faced fears regarding our own health, and that of our family and friends. There have been so many uncertainties this year on a day-to-day basis, and those appear likely to continue well into 2021. The impact of the pandemic has also affected innumerable aspects of our profession. I want to reflect on how this has affected us, as negligence attorneys, and how we can anticipate it may affect us going forward for the foreseeable future...
Michigan Lawyers Weekly wants to hear about your verdicts and settlements:
Please submit recent civil cases (within the past six months) where you prevailed - whether in a jury verdict or a settlement -- so MLW may publish them.

Questions about Lawyers Weekly's Verdicts and Settlements policy may be directed to the editor at (800) 678-5297 or editor@mi.lawyersweekly.com.
The State Bar of Michigan Lawyer Referral Service (LRS)

The SBM Lawyer Referral Service (LRS) currently receives more than 500 calls each week from people looking for lawyers. Many of these are unable to find a match because there are not enough attorneys in some geographic areas or in some practice areas. For more than a year we have been revising and improving the LRS. The result is a system that produces better matches for attorneys and consumers alike. We are ready to begin a significant marketing initiative to consumers and we need more lawyers to participate as panel members.

Here are few examples of concrete improvements: Better matches mean a higher likelihood of securing paying clients than ever before. The new online platform now automates much of the tracking and reporting that attorneys had to do in the past. In addition to traditional cases, LRS has added Modest Means panels for family law and bankruptcy, and opportunities for attorneys to market Limited Scope practice.

Thank you very much. We are excited about these new opportunities for your section members to expand their practices and to enhance access to quality legal services throughout Michigan.


Click here to learn more about LRS
Click here to learn more about joining one or more of our LRS panels
Click here to learn more about Limited Scope practice
Section Seminar: Ohio Continuing Legal Education
Did you recently attend our "The Art Of the Courtroom" webinar with William Barton? It's been determined that it qualifies as 6 hours of Continuing Legal Education in Ohio! For the activity code, please email Valerie at valerieneglaw@sharedresources.us.
Remember to renew your membership to the Negligence Section when you renew your State Bar Annual Dues!
New Members of the Negligence Law Section

as of 10/5/2020
Jalal Hussein Abdallah
Anisa Allen
Jason S. Barrix
Bruce M. Bieneman
Rachel Bissett
Mark Thomas Budzinski
Nicholas John Caponigro
Lynn L. Corgan
John Clarence Cusmano
Michele P. Fuller
Christine M. Greig
Steven Craig Haehnel
Henry M. Hanflik
Irene Bruce Hathaway
Jeffrey Lloyd Hayden
Brandon Mark Hewitt
Hon. James S. Jamo
Matthew Roman Kaczmarek
Hon. Kirsten Frank Kelly
John A. Klarr
Ali H. Koussan
David John Linehan
Arthur Y. Liss
James H. Lockwood
Robert D. Mannor
Jared I. Matz
Clifford Daniel Neubauer, Jr.
Aristidi Demetrios Papaioannou
Alexis Rose Plumaj
Bradley J. Smith
Joshua J. Tanis
John Allen Vinson
Mark J. Warba
Phillip K. Yeager
Joel F. Yono
Ahmad Mohamed Zaher
Negligence Law Section's LinkedIn Page
Did you know that the Negligence Law Section has a LinkedIn page? We share lots of information, including when events are taking place, interesting articles from both our own members and other pages. We encourage you to follow our page! Click the link below and then click the follow button in the upper left corner.
Upcoming Meetings and Events for the Negligence Law Section
Winning Your Case In Mediation: Best Practices and Negotiation Tips from Top Facilitators
Thursday, February 4th, 2020
2:00 p.m. - 4:30 p.m.

Speaker:

Richard Boothman
Boothman Consulting Group, LLC
Mediation Panel:
L. Graham Ward
WMU Cooley Law School
Thomas Behm
Gruel Mills nims & Pylman PLLC
Robert Riley
Riley & Hurley PC
Moderator:
Chad D. Engelhardt
Goethel Engelhardt PLLC
2021 Virtual Medical Malpractice Seminar
Friday, January 15th, 2021
Seminar 9:00 am | Virtual via Zoom
Plaintiff Attorneys Only

Speaker:

Mark Kosieradzki
Kosieradzki Smith Law Firm LLC, Plymouth, MN
Co-Moderators:
MAJ Past President Jesse Reiter
Reiter & Walsh PC, Bloomfield Hills
MAJ Past President Judy Susskind
Sommers Schwartz, PC, Southfield
9:00 am - 30 b 6 Depositions-Don't Let Defendants Hide Evidence! 
Mark Kosieradzki, Kosieradzki Smith Law Firm LLC, Plymouth, MN

10:30 am - Break 
 
10:40 am - 30 b 6 Depositions-Don't Let Defendants Hide Evidence! 
Mark Kosieradzki, Kosieradzki Smith Law Firm LLC, Plymouth, MN 

12:00 pm - Break

12:30 pm - Effective Voir Dire and Report on Post-COVID Juror Bias Study 
Steve Goethel, Goethel Engelhardt, PLLC, Ann Arbor 

1:15 pm -  Opening Statement - Setting the Stage for the WIN
Brian McKeen, MAJ Past President, McKeen & Associates PC, Detroit

2:00 pm - Break

2:15 pm -  A Defense Perspective
Jenna Wright Greenman, Kitch Drutchas Wagner Valitutti & Sherbrook, Detroit

2:30 pm - The Top 5 Most Impactful Medical Malpractice Appellate Decisions/Cases
Mark Granzotto, Mark Granzotto, PC, Berkley

3:00 pm - Q & A
ICLE Seminar - No-Fault Reform: Recent Developments and Emerging Strategies
Co-sponsored by the Negligence Section of the State Bar of Michigan and was livestreamed on November 6, 2020. On demand access starting December 18, 2020. Negligence Section members save $30 on registration.

For more information and to register go to www.icle.org/nf-reform
Thank You to Our 2020 Spring Meeting Sponsors!
as of 4-24-2020

Riley & Hurley, PC
Kathleen Macdonald PLLC
Daniel P. Makarski-
Alternative Dispute Resolution
Ringler Associates - Mark R. Vogel
Wolcott ADR PC - Roger L. Wolcott
Brian E. Fischer, Mediator/Facilitator
David A. Kanaan Attorney & Counselor
Charles Trickey III - Facilitator & Arbitrator
Nash & Nemier, PLLC - Kathy Contos Nash
Judge Daniel A. Hathaway, Ret. Mediations and Facilitations
Hanson Renaissance Video and Court Reporting - Gerald Hanson
Judicial Resource Services PC - Circuit Judge James J. Rashid, Ret.
Circuit Court Judge Peter J. Maceroni, Retired - Arbitrations & Facilitation Services
Dykema Gossett PLLC - Chief Judge William B. Murphy, Retired - Mediator
Ruggirello, Velardo, Novara, Burke & Reizen, PC - Peter Ruggirello & Jennifer Reizen
Michigan Judicial Alternative Dispute Resolution PC - Circuit Judge Daniel Ryan, Ret.
State Bar of Michigan Negligence Council
Thomas R. Behm
Chairperson
Gruel Mills Nims & Pylman PLLC
Robert F. Riley
Vice Chair
Riley & Hurley PC
Chad D. Engelhardt
Secretary
Goethel Engelhardt PLLC
Timothy A. Diemer
Treasurer
Jacobs and Diemer PC
Debra A. Freid
Council Member
Freid Gallagher Taylor & Associates PC
Mark A. Gilchrist
Council Member
Smith Haughey Rice & Roegge
Mark R. Granzotto
Council Member
Mark Granzotto PC
Jenna Wright Greenman
Council Member
Kitch Drutchas Wagner Valitutti & Sherbrook
Deborah A. Lujan
Council Member
Collins Einhorn Farrell PC
Donna M. MacKenzie
Council Member
Olsman MacKenzie Peacock & Wallace
Todd J. Stearn
Council Member
Law Offices of Todd J Stearn PLC
Jeffrey L. Ver Beek
Council Member
Ruggirello Velardo Novara & Ver Beek PC
Bryan J. Waldman
Council Member
Sinas Dramis Law Firm
Thomas H. Howlett
Commissioner Liaison
The Googasian Firm PC
James R. Bradley
Ex-Officio
Emily G. Thomas
Young Lawyers Committee
Olsman MacKenzie Peacock & Wallace
Kyle N. Smith
Young Lawyers Committee
Collins Einhorn Farrell PC
John W. Whitman
Garan Lucow Miller PC
Barry J. Goodman
Minister of Fun
Goodman Acker PC
Advertise in the next Negligence Section E-Newsletter!
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Barry J. Goodman
Minister of Fun
Goodman Acker PC
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