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Date: 07-17-2023
Case Style:
Case Number: 1:22-cv-01027
Judge: Jonathan D. Greenberg
Court: United States District Court for the Northern District of Ohio (Cuyahoba County)
Plaintiff's Attorney: Lorri J. Britsch
Defendant's Attorney: Bradley A. Wright, Nicholas A. Adair
Description: Cleveland, Ohio personal injury car wreck lawyer represented Plaintiff who sued Defendants on auto negligence theories.
Negligence is a legal term that refers to the failure to act as a reasonable person would act in a particular situation. In Michigan, negligence is a tort, which means that it is a civil wrong that can be remedied by a lawsuit.
To establish a negligence claim in Michigan, the plaintiff must prove the following elements:
Duty: The defendant owed the plaintiff a duty of care. This means that the defendant had a legal obligation to act as a reasonable person would act in the same situation.
Breach: The defendant breached the duty of care. This means that the defendant failed to act as a reasonable person would act in the same situation.
Cause in fact: The defendant's breach of the duty of care was the cause in fact of the plaintiff's injuries. This means that but for the defendant's breach, the plaintiff would not have been injured.
Proximate cause: The defendant's breach of the duty of care was the proximate cause of the plaintiff's injuries. This means that the defendant's breach was a substantial factor in causing the plaintiff's injuries.
Damages: The plaintiff suffered damages as a result of the defendant's negligence.
If the plaintiff can prove all of these elements, they may be entitled to recover damages from the defendant. Damages can include compensation for medical expenses, lost wages, pain and suffering, and emotional distress.
Michigan is a comparative negligence state, which means that the plaintiff's damages will be reduced by their percentage of fault. For example, if the plaintiff is found to be 20% at fault for their own injuries, their damages will be reduced by 20%.
The statute of limitations for negligence in Michigan is three years. This means that the plaintiff must file a negligence lawsuit within three years of the date of the injury.
If you have been injured due to the negligence of another person, it is important to speak with an experienced personal injury attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in a lawsuit if necessary.
Outcome: 07/17/2023 38 Proposed Stipulation of Dismissal filed by Hunt Transportation, Inc., Jason E. Millet. (Adair, Nicholas) (Entered: 07/17/2023)
07/17/2023 39 Order approving 38 Proposed Stipulation of Dismissal with Prejudice. Signed by Magistrate Judge Jonathan D. Greenberg on 7/17/23. (D,Ky) (Entered: 07/17/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: