Patton & Ryan Trial Court Victory Unanimously Affirmed on Appeal; Sanctions and Costs Upheld.
In our Fall, 2007 Newsletter, we reported on Patton & Ryan’s success in obtaining a summary disposition decision in a wrongful death, product liability lawsuit. The case was Estate of Neill v Steel Master Transfer, pending in Macomb County Circuit Court, Michigan. Patton & Ryan partner, Chip Boyle, also recovered sanctions and costs in excess of $53,000.00, taxed against the Plaintiff’s Estate. The synopsis of the trial court’s decision may be read at www.pattonryan.com under the news link.
The trial court’s decision was appealed by the Plaintiff’s Estate, as of right, to the Michigan Court of Appeals. On October 21, 2008, that Court entered its unanimous written opinion on the issues reviewed on appeal and affirmed the trial court’s analysis. The appellate decision can be read on the Michigan Court of Appeals website under docket number 279122. That decision should be of interest to our transportation clients since it deals directly with allocating the risk of loss in situations involving unloading of tractor-trailers.
The appellate decision discusses the so-called “Savage Rule,” applied in many jurisdictions country-wide to issues between shippers and trucking companies, when negligent loading of equipment is alleged. That Federal Court of Appeals decision holds that a shipper who is not solely involved with loading is not liable for injuries sustained in unloading as long as the hazard is not concealed. Michigan appellate courts had never applied the Savage Rule until urged to do so in this case. The appellate court also accepted Patton & Ryan’s other arguments: that amendments to the pleadings should not be permitted after discovery had closed; and that the pleadings of record did not conform to the allegations made at trial, both justifying dismissal of the action. Here, attention to detail at the trial level, and thorough development of sister state law in the appellate briefs, resulted in the outright dismissal of a case with significant, seven figure exposure.
Patton & Ryan trials and appeals - handled right the first time, and every time.