Category: Blog

Understanding the Rules of Discovery at Michigan

Knowing the Rules of Discovery in Michigan
When a victim of someone else’s negligence files a lawsuit, there are specific rules and phases that every lawsuit must generally follow. The first step in the process is the filing of the Complaint. Next, one must serve the Complaint on the named Defendants or their agents. From there, the Michigan Court Rules and the Scheduling Order issued by the judge assigned to the claim control what the parties can do and when they can be done. The parameters change depending on case type, the attorneys, the assigned judge and the Court in which the lawsuit is pending; however, in almost every case, the initial phase of the lawsuit once all of the parties are served is called “Discovery”.

What is the Discovery Phase?
In the Discovery phase, the parties are allowed to gain information through several different means. In Michigan, parties are allowed to serve written questions on the opposing parties called Interrogatories. Interrogatories seek informati..

Unintended Damage Ensuing from a Parked Motor Automobile and No-Fault Private Damage Advantages

Accidental Injury Resulting from a Parked Motor Vehicle and No-Fault Personal Injury Benefits
On February 5, 2019, the Michigan Court of Appeals issued its Opinion in Guntzviller v City of Detroit, which reaffirms that in order for an individual to qualify for No-Fault Personal Injury Protection benefits, one’s injuries must arise out of “the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle” pursuant to MCL 500.3105(1). In Guntziller, the plaintiff was attempting to enter a City of Detroit bus when the bus driver recognized her a person “who previously had harassed other passengers on the bus.” The bus driver then closed the door in an attempt to prevent the plaintiff from boarding the bus. While the bus was stopped, a physical altercation ensued, and the plaintiff alleged to have sustained bodily injury as a result.

Plaintiff sought No-Fault Personal Injury Benefits from the City of Detroit and a lawsuit was ultimately filed. The case was dismissed foll..

Southfield Lawyer files $10 million wrongful death lawsuit on behalf of Their Household of Theoddeus Gray

Southfield attorney files $10 million wrongful death lawsuit on behalf of the family of Theoddeus Gray
Investigative materials gathered by the law firm of Moss & Colella paint a very different picture of the fatal shooting of Gray on Nov. 4 than that presented by the Macomb County Sheriff’s Department; evidence suggests that the St. Clair Shores canine, “Axe” was killed by his own officers

Media contact: Barbara Fornasiero, EAFocus Communications, 248.260.8466; barbara@eafocus.com

Southfield, Mich. — February 7, 2019 — A. Vince Colella, a civil rights and personal injury attorney with Southfield-based Moss & Colella, P.C., today announced that a $10 million lawsuit has been filed on behalf of the family of Theoddeus Gray against the St. Clair Shores Police, the City of St. Clair Shores and the five police officers involved in Gray’s shooting death on November 4, 2018. St. Clair Shores police said at the time that Gray was shot because he produced a gun and killed a department K-9 p..

What’s Stage four Mesothelioma?

What is Stage 4 Mesothelioma?

Stage 4 Mesothelioma is the final stage of mesothelioma. There are four stages of Pleural Mesothelioma. The fourth stage is the most severe because there are not many treatments to help. The treatments that are used can only help decrease some pain and help with a situation like breathing difficulties. The ultimate goal for a patient with stage 4 is to improve their contentment; since the mesothelioma has typically progressed through the body at this stage.

Stage 4 Pleural Mesothelioma Info
The advancement of cancer is determined by how much it has spread throughout the body. This cancer has spread through many parts of the body in stage four.

Mesothelioma in Stage 4 can spread to many areas, the common ones include:

The lining of the heart
Diaphragm
Abdominal Organs
Abdominal organs
The opposite side of the chest
Distant lymph nodes

Stage 4 Mesothelioma Symptoms
Symptoms, such as tumors and metastasis, for this cancer are most prominent in stage f..

Popcorn Ceiling Asbestos | Are they Safe?

Popcorn Ceiling Asbestos | Are they Safe?
Popcorn Ceiling Asbestos has been used for decades in the past throughout our nation. Between the 1950s and 1980s, workers favored the use of spray-on textured ceilings within buildings – an easy way to hide imperfections. During this period, however, asbestos as a building material was in high demand. A mesothelioma lawyer at our firm can help you understand mesothelioma claim time limit.

These spray-on textures, also known as “cottage cheese ceiling”, “stucco ceiling”, and/or “popcorn ceiling” were 1 to 10 percent asbestos.

There are two options that can be done to determine if an old popcorn ceiling contains asbestos. The first is locating an asbestos abatement professional. Although it is more expensive, hiring a professional is considered safer. The second option is to purchase a test kit. A sample of the ceiling must be collected and sent to a laboratory if a test kit is bought.

While testing samples for asbestos, inspectors also rec..

Four Contributing Factors to Teen Driving Accidents

Four Contributing Factors to Teen Driving Accidents
Wrecks of motor vehicles continue to be a leading cause of injury and even death for drivers between 16 and 19 years of age. These young adults face a likelihood to suffer a fatal crash three times more than drivers 20 years old and older. Unfortunately, these statistics resonate here in Michigan too. A Michigan car accident lawyer at our firm can help you receive Michigan no-fault benefits.

In 2017 alone, the 15-20 age group accounted for 7.8 percent of all traffic deaths in Michigan, with 57.5 percent of these deaths being the driver. Within the state, a total of 10,521 teenagers and young adults were injured due in a car accident. The cost of these accidents involving young drivers is astronomical as it can easily exceed $1.4 million.

Research conducted by the Insurance Institute for Highway Safety reports that when a parent chooses to engage in the skill training of their teen driver, the time spent can help to reduce collisions..

Quinoa For Mesothelioma Patients

Quinoa For Mesothelioma Patients
Nutrition during an illness´ treatment is so important for the recovery of the patient because it will provide elements such as proteins, vitamins, minerals, and others that the patient needs to keep his body working on its recovery. There are plenty of products, which nowadays are specifically included in the nutrition of certain illnesses´ treatment plans. One of these products is quinoa and its properties are being used to help mesothelioma patients go forward in life.

Quinoa, which is a seed that comes from a plant called goosefoot, is known as a “superfood” thanks to the numerous benefits it provides to the health. It has been known for a long time in South America, especially in the Andes region where it has been cultivated for many years now. From this region, it has expanded all over the world. If you or a loved one is searching for a West Virginia asbestos lawyer, speak with us.

Quinoa has become very popular because is capable of replacing t..

Moss & Colella announces Success in Court of Appeals decision on Complicated no-fault motorcycle Incident Situation

Moss & Colella announces victory in Court of Appeals decision on complex no-fault motorcycle accident case

Court finds “no error” in attorney remarks to jury

Media contact: Barbara Fornasiero, EAFocus Communications, 248.260.8466; barbara@eafocus.com

Southfield, Mich. — January 3, 2019 — David M. Moss, founding partner of Southfield-based civil rights and personal injury law firm Moss & Colella, P.C., announced victory following a December 27, 2018 Michigan Court of Appeals decision in Frank Wojcik v AAA. This is the second victory in the complicated case, where David Moss and Moss & Colella associate attorney Ryan Piekarski previously won a jury trial.

Background:

This is a claim for Personal Injury Protection (“PIP”) benefits under the Michigan No-Fault Act. At 10:00 p.m. on July 28, 2013, Plaintiff Frank Wojcik and his girlfriend and passenger Tiffany Clarke, sustained injuries in a motorcycle accident while traveling northbound on a two-lane roadway in rural Bay County. Woj..

Ohio Mesothelioma Statute of Limitations

Statute of Limitations for Mesothelioma in Ohio
If you or a loved one is facing a mesothelioma diagnosis, you might be considering filing a case related to your illness. Legal options for pursuing a case related to your mesothelioma consist of filing a personal injury claim or filing a wrongful death suit. When filing cases of this nature, it is essential to consider statute of limitation for the state you live in. Statute of limitations is a legal term that describes the amount of time that a person has to file a case legally. An Ohio Mesothelioma lawyer at our firm can help you file a mesothelioma claim. It is essential to review the specific statutes of limitations for these case types.

Mesothelioma Personal Injury Claims in Ohio
Personal injury claims will be filed by you if you are facing a mesothelioma diagnosis. With a personal injury claim, the statute of limitations on your case would start on the day of the initial diagnosis of mesothelioma. In the state of Ohio, the statute..

Mistletoe And Winter Rose Employed In Mesothelioma Treatment

Mistletoe And Winter Rose Used In Mesothelioma Treatment
It is very common for people recently diagnosed with a disease, especially a rare one like mesothelioma, to explore every single possible treatment out there. Complementary and alternative treatment like dieting, herbs, supplements, and acupuncture, are also available.

Surgery, chemotherapy, and radiation therapy have been the primary mesothelioma treatments, unfortunately, none of these treatment plans are expected to cure patients with this disease.

It was recently reported for one specific woman, two-holiday plants like mistletoe and winter rose helped her to control the pleural mesothelioma she was diagnosed with. She used extracts of these plants, which possibly have extended her life and improved her wellness.

Stories like this woman can give hope to other people diagnosed with mesothelioma. If you are considering an alternative method to retake the control of your life, this story might help you and your doctor. A West ..