Lansing: Mich. court sets new standard in injury lawsuits
LANSING, Mich. (AP) — The Michigan Supreme Court has thrown out a 2004 decision and opened the door for more lawsuits by people who seek compensation after being injured.
The court says it was too strict six years ago when it interpreted Michigan law on the issue of “serious impairment of bodily function.” It says a person could qualify for damages if their normal life is affected, not destroyed.
The court’s liberal justices were joined by Justice Elizabeth Weaver in a 4-3 opinion released Sunday night.
The case is from Genesee County. Rodney McCormick suffered an ankle injury when he was run over by a truck while at work. Lower courts had ruled against him, noting that he still had a job at the same pay and was living a normal life.
Lansing: Candidates crisscross Mich. on day before election
LANSING, Mich. (AP) — Candidates for governor swept across Michigan to woo undecided voters on the final day before the primary election.
The Republican and Democratic contests are close and could be decided by relatively few votes.
Democrat Andy Dillon held a Monday morning rally at his Detroit campaign headquarters, while other candidates planned stops in diners, union halls and campaign offices.
Republican Mike Bouchard was going to rally Monday evening with supporters at a Bloomfield Hills rally with Samuel “Joe the Plumber” Wurzelbacher.
Thirty-two-year-old Joe Braswell went to Dillon’s rally and planned to campaign for him the rest of the day.
The unemployed telecommunications worker from Detroit says he thinks Dillon has the best vision for the state’s future.
Kalamazoo: Law center threatens suit over Mich. oil spill
A public interest law firm is preparing to sue the Canadian owners of a pipeline that ruptured in southern Michigan and dumped hundreds of thousands of gallons of oil into a Kalamazoo River tributary.
The Great Lakes Law Center on Monday sent Enbridge Inc. a notice of intent to file suit if a settlement isn’t reached within 60 days. The letter accuses the company of violating the Clean Water Act.
The Detroit-based law center says Enbridge could face more than $26 million in civil penalties based on the Environmental Protection Agency’s estimate that the spill exceeds 1 million gallons. The company estimates the total at 820,000 gallons.
A phone message seeking comment was left with Enbridge, which reported the spill a week ago.
Marshall: EPA gets up to $13M for Michigan river oil spill
MARSHALL, Mich. (AP) — The U.S. Environmental Protection Agency says it has received approval for up to $13 million to pay for the federal government’s response to an oil spill in the Kalamazoo River.
The EPA says Monday it can request more money if it’s needed.
The federal government will seek full reimbursement for the money from Enbridge Energy Partners, which owns the pipeline that leaked near Marshall. Enbridge officials have said they intend to pay for cleanup costs.
The company says it detected the leak July 26.
The EPA estimates the spill at more than 1 million gallons while the company estimates the total at 820,000 gallons.
The leak has been contained and it does not appear oil made it much farther than 25 miles downstream from the spill site.
Chicago: MSU linebacker named as top defensive player
CHICAGO (AP) — Ohio State is the media’s pick to win the Big Ten and Buckeyes quarterback Terrelle Pryor is the offensive player of the year for the second straight season.
Michigan State linebacker Greg Jones was tabbed the top defensive player again, making it the first time in 12 years that both preseason player of the year picks were repeat selections.
Iowa was picked to finish second and Wisconsin third. Only the top three teams of the preseason media poll are announced.
Ohio State (11-2 overall, 7-2 last season) is coming off a Rose Bowl victory over Oregon and has won at least a share of five straight Big Ten titles.
Stanton: Mother of slain boy sues state for negligence
STANTON, Mich. (AP) — The mother of a 9-year-old boy killed by his abusive father in a 2007 murder-suicide is suing, claiming child welfare workers failed to remove him from his father’s home despite a prosecutor’s warnings.
Rebecca Jasinski, of Saginaw County, contends that her son, Nicholas Braman, could have been saved if the state had removed him from his father’s home in Montcalm County, according to a lawsuit filed earlier this month in federal court in Grand Rapids.
Oliver Braman killed himself, his wife and Nicholas by filling a room with carbon monoxide nearly three years ago. Their deaths came days after Oliver Braman failed to appear in court for sentencing in a child abuse case in which he was convicted of using a cattle prod to discipline two other sons.
A month before the deaths, the Montcalm County prosecutor’s office urged the state to get Nicholas out of the home but nothing happened, according to the lawsuit.
“The death of Nicholas Daniel Braman would have been avoided if defendants had simply done what they were obligated to do by law to protect (Nicholas) from further abuse and neglect,” attorney Gregory Wix said in the lawsuit.
A watchdog inside the department, the Office of Children’s Ombudsman, investigated and found that child welfare workers should have stepped in to help Nicholas as soon as they became aware of the abuse of siblings, the lawsuit contends.
The state Department of Human Services has acknowledged the boy should have been removed and placed with Jasinski, who lived 80 miles away. The agency declined to comment on the lawsuit.
“We’re very concerned about the safety of children,” spokesman Edward Woods III told The Grand Rapids Press.
The boy’s death led to a new law that established rules for how child welfare workers in different counties must communicate, among other things.
The lawsuit claims gross negligence and names seven people who are current or former employees of the department and its Child Protective Services arm. It seeks an unspecified amount of money exceeding $75,000, the threshold for a civil case in federal court.
Lansing: Teachers win right to sue over discipline
LANSING, Mich. (AP) — The Michigan Supreme Court says Lansing teachers had a right to sue the school district over how it disciplined students accused of assault.
The decision Sunday night is significant because it goes beyond teachers. It overturns previous rulings that had restricted access to Michigan’s courts for many parties.
The court’s majority says it’s simply restoring a right that was in place for decades, but conservative justices in the minority predict a flood of new cases.
The case involved a lawsuit by Lansing teachers and their union. They said the school district should have expelled four students, not suspended them, for throwing chairs and other bad behavior.
A state appeals court last year said teachers had no right to challenge how school officials discipline students.
