September 25, 2016

Daniel Beyer and Katherine Cser obtained summary disposition in a personal injury lawsuit in favor of the defendant, a major trucking corporation

A contract custodial worker was injured at the freight terminal after being trapped in a stationary trash compactor at the end of the loading dock. The man sustained a crushed right leg requiring two surgeries and claimed damages for permanent disability from work, pain and suffering and psychological injuries. Mr. Beyer and Ms. Cser convinced the trial court to dismiss the case on the basis that the hazard to the individual plaintiff was open and obvious, and also argued that the injured plaintiff was a contract worker whose exclusive remedy was limited to a Worker’s Compensation claim against his own employer and not the owner of the freight terminal.  Judge Nanci Grant of the Oakland County Circuit Court issued a written opinion in favor of the defense on June 16, 2016.