Attorney Discusses How Michigan Auto Accident Laws Work

Welcome to Michigan Auto Law Radio, brought to you by MichiganAutoLaw.com.  The Attorneys at Michigan Auto Law combine to form Michigan’s largest law firm, completely specializing in automobile, truck and motorcycle accident issues.  Now here’s your host, Steve Quick.

We’re talking with Steve Gursten, an attorney with Michigan Auto Law.  Today, we’re going to talk about how Michigan’s auto accident laws work.  Hi, Steve and welcome to the program.

Mancelona Michigan Teen Victim of Stray Voltage Swimming in Marina

Michael Scott Knudson, 18, of Mancelona, Michigan died as a result of receiving an electric shock from stray voltage while swimming at the Duncan L. Clinch Marina in Traverse City, Michigan.

A preliminary investigation reports that the source of the stray voltage which caused the electric shock to Michael Knudson emanated from an electrical line carrying electrical power to a section of floating dock.  Evidently, the electrical line had a short circuit which for an unexplained reason did not trip the circuit breaker carrying power to the dock. 

Media reports suggest that Michael Knudson was swimming with at least one friend, who also experienced an electric shock from the stray voltage emanating from the dock at Duncan L. Clinch Marina.  A thorough investigation should reveal whether the teens were even aware that there was an apparent restriction against swimming in the marina, and whether the postings were adequate to afford the teens warning of the dangers of swimming in a marina.  Stray voltage in fresh water marinas are a well-known hazard in any boating community.  It will be worth knowing whether those overseeing the marina enforced the no swimming prohibition they claim was in effect at the time of this accident. 

Investigation confirms teen experienced electric shock before drowning

A preliminary investigation confirmed that a short in an electrical line carrying power to a section of floating dock caused an electric current to enter the water near where Michael S. Knudson drowned.  The report also concluded the short did not cause the circuit breaker to shut of power.

We assume there will be findings concerning why the circuit breaker failed, and what caused the short-circuit.  The other questions that must be asked and answered are whether there were adequate warnings notifying the public swimming was prohibited and if so, whether those restrictions were being enforced.

The risk of stray voltage in a freshwater marina setting is significant and the precautions necessary to prevent swimming in the marina should be examined thoroughly to prevent another such tragedy.

Stray Voltage Deaths Swimming in Marinas

The issue of stray voltage deaths while swimming in fresh water marinas is now well-known.  Significant notoriety was generated by the stray voltage swimming death of the young Lucas Ritz near Portland, Oregon in 1999.   Lucas’ father, Kevin Ritz, has published a number of articles found on the internet concerning safety issues surrounding stray voltage while swimming in marinas.  Lucas’ death was traced to stray voltage from a power boat in a nearby marina.  Random inquiries have shown that a sampling at any time of boats in a marina with a simple voltage meter will demonstrate stray voltage coming from a significant number of those boats.  The stray voltage is from the 110  shore power while the boats are plugged in while tied up at the docks.  It has been suggested by many authors that a significant number of drowning deaths are actually electrocutions due to stray voltage because there is no good post-mortem evidence available to coroners to ascertain whether electricity was involved in a drowning. 
 
Mr. Ritz suggests that if the marina had installed a ground fault circuit interrupter (GFCI) breaker ahead of the boats shore power, or if the boat had been properly wired, his son’s drowning may not have occurred. 
 
Marinas should never permit swimming inside a marina  due to the significant stray voltage risk inside marinas and should post adequate signage and enforce them.   Marinas should install GFCI breakers on all electrical outlets and responsible boaters should periodically check their electrical systems for short circuits and frayed wiring which may cause stray voltage.  Deaths from stray voltage in marinas are preventable.

Teen Swimming Death May Have Been Result of Electrical Shock from Stray Voltage

Traverse City – Michael Scott Knudsen, an 18-year-old Mancelona man, died Monday evening while swimming at the Clinch Park Marina near Dock F. 

According to witnesses, he may have received an electrical shock in the water before drowning. 

Two Traverse City Firefighters brought Michael Knudsen to the surface and administered CPR, but were unable to resuscitate him.  Mr. Knudsen was transported to Munson Hospital where he was pronounced dead.  

Michael Knudsen’s friend reported to authorities that he had felt an electrical shock in the water.  The Power to the dock was cut off by marina authorities. 

Traverse Legal, a law firm specializing in complex litigation and mass tort with Maritime experience, is investigating this accident.  If you have any questions or seek representation concerning this accident, contact a Traverse City personal injury lawyer.

Kreiner to McCormick to ???

What’s next for Michigan auto accident lawyers and car accident injury victims after McCormick v. Carrier?

On July 31, 2010, the Michigan Supreme Court overturned Kreiner v. Fischer, and with it, the nation’s harshest auto accident injury threshold for accident victims.  The case that replaced Kreiner v. Fischer is McCormick v. Carrier.  McCormick restores the right to sue for pain and suffering personal injuries, including broken bones and surgeries, that are very serious but that are not permanent and life-altering, as the appellate cases after Kreiner increasingly demanded.

The question now - for accident victims and personal injury lawyers - is what’s next?  With a historic Republican landslide last November, the Republicans took back the Michigan Court.  And with that change in the Court’s composition comes the increasing likelihood of another dramatic whipsaw to Michigan’s auto accident threshold law.

Kreiner's No-Fault Liability Tort Standard Replaced by Subjective Case-by-Case Basis in McCormick v Carrier Ruling

Michigan no-fault liability is back! Justice Michael F. Cavanagh overruled Kreiner v. Fischer which had previously set the threshold standard for recovery under Michigan’s non-economic tort liability under MCL 500.3135.

On July 31, 2010 Justice Michael F. Cavanagh writing for the Michigan Supreme Court majority decided McCormick v. Carrier, Case No. 136738 (MI July 31, 2010), in favor of Plaintiff, in a finding that Plaintiff McCormick suffered a serious impairment of a body function.

Metro Train Crash in Washington DC Kills 9: Attorneys Are Investigating The Cause of the Train Accident

Metro commuter train in Washington DC crashed last week killing 9 and injuring dozens of others. Investigators are looking into a 740-foot-long circuit along the train tracks after finding “anomalies” in that circuit.  For more information about representation and the cause of this tragic train accident, visit the DC Metro Train Crash Investigation web site or the DC Metro Crash Lawyer FAQ page.

Michigan Wrongful-conduct rule

The wrongful-conduct rule bars a claim where “‘a plaintiff’s action is based, in whole or in part, on his own illegal conduct.’” Hashem v Les Stanford Oldsmobile, Inc, 266 Mich App 61, 89; 697 NW2d 558 (2005), quoting Orzel v Scott Drug Co, 449 Mich 550, 558; 537 NW2d 208(1995). In a wrongful death action, the plaintiff, as the representative of the decedent’s estate, “has no better claim than the decedent would have had.” Hashem, supra at 88 n 10, citing Toth v Goree, 65 Mich App 296, 298; 237 NW2d 297 (1975). Thus, where there is “a sufficient causal nexus between” the decedent’s illegal conduct and the decedent’s damages, which in this case are her death, the wrongful-conduct rule will bar any recovery by plaintiff. Hashem, supra at 89. However, the rule will not apply merely because she engaged in illegal conduct, and the rule only applies to some kinds of illegal conduct. Id. at 89-91.
Barth v Goal Tender, Unpublished. September 22, 2005, No. 262605.

Suing For Medical Bill Balances

McGill v. Automobile Ass'n, 207 Mich. App. 402  (1994)

The insureds were involved in claims where their insurance companies had paid a portion of their medical bills, but denied payment of the balance as being unreasonable charges. The insureds sought declaratory relief and an injunction ordering the insurance companies to pay the full amount of their medical bills, and to certify their suit as a class action. The insureds contended that the insurance companies' failure to pay their full medical bills could result in health care providers bringing legal action against them for the balance of their bills. The court disagreed, and affirmed the judgment of the trial court. The court held that a review of the record revealed no evidence that the insureds had suffered injury as a result of the insurance companies' partial payment of their medical bills, nor was any injury threatened. The court stated that where no case or actual controversy existed, the trial court lacked subject matter jurisdiction to enter a declaratory judgment, and properly granted the insurance companies' motions for summary disposition. Further, because the action was dismissed, the insureds' request for certification of the suit as a class action was properly denied.