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Michigan Supreme Court Finds Credibility Disputes Over Vehicle Signal Use Preclude Summary Judgment And Clarifies Spoliation Standard

Summary disposition was not warranted where there were factual disputes about whether a truck’s turn signals were operating at the time of the accident. Further, sanctions for spoliation of evidence must be supported by findings at the trial court that the evidence at issue was material and that the party had a duty to preserve the evidence before a lawsuit was filed.

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Michigan Supreme Court Says Sidewalk Metal Hazard Not Subject To Governmental Immunity

The city of Detroit was not entitled to summary disposition on the basis of governmental immunity after the Court determined that a metal stub protruding out of a paved sidewalk constituted a “sidewalk defect” and created “a dangerous condition”. . The Supreme Court reversed the Court of Appeals’ decision and remanded to the trial court.

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Court Of Appeals Holds Attorney’s Statements To State Bar Of Michigan Protected By Absolute Immunity Even If False

The Court of Appeals affirmed the trial court’s decision to grant summary disposition in favor of Defendants, an attorney and his law firm.  The Court reasoned that Defendants were immune from tort liability when speaking to the State Bar of Michigan’s character-and-fitness committee regarding Plaintiff, a law school graduate, even if their statements could have been false or misleading.

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