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Marcy Sheinwold to Present Medical Malpractice Lecture to Suffolk County Bar Association
Marcy Sheinwold will speak at the Suffolk County Bar Association on the Top Ten Things Lawyers Need to Know about Medical Malpractice. This is part of a program on Torts. Register on line here. For recent Lewis Johs Medical Malpractice accomplishments, click here. Find more information about our litigation practice here.

08-07-2006

Hoyne & Goken receive not guilty verdict for client in slip and fall case
After five days of trial attorneys Scott W. Hoyne and Jonathan W. Goken secured a not guilty in favor of Midwest Development Company, a local real estate development firm. The matter was transferred to Johnson & Bell, Ltd. three and a half weeks before trial. At the time Johnson & Bell received the assignment the plaintiff’s demand was $575,000.

The plaintiff alleged that he had slipped and fell on a concrete stoop just outside the back door of his apartment. He believed his fall was a result of an unnatural accumulation of ice caused by an allegedly defective roof. The plaintiff suffered a broken ankle requiring surgeries. The defense had to admit that the roof had leaked prior to the plaintiff’s fall. Stains on the roof decking and on the brick facade evidenced prior leaks.

Mssrs. Hoyne and Goken presented twenty motions in limine prior to jury selection. Nineteen of those motions were granted outright. Some relief was granted on the twentieth motion. One of the motions presented was to bar plaintiff’s expert, an architect with some 30 years of experience. That motion was granted based, in part, upon deposition testimony secured from plaintiff’s architect two weeks before trial.

The jury ultimately agreed with Mssrs. Hoyne and Goken’s argument that the plaintiff’s fall was caused by a natural accumulation of ice and not a construction defect.

08-07-2006

Fencl secures appellate victory for Liberty Mutual
Attorney Glenn F. Fencl recently won an appeal for his client Liberty Mutual Insurance Company. The Illinois Appellate Court, First District, affirmed the circuit court’s order granting his motion for summary judgment in a complicated uninsured motorists coverage case.

The plaintiff was involved in an accident while driving a tractor owned by his immediate employer, a trucking company, and hauling a trailer owned by Liberty's insured, Suburban Express. Suburban leased the tractor and driver from the trucking company. The plaintiff alleged that while driving he was cut off by an unidentified car, lost control of his tractor that jack-knifed, slid into a concrete bridge and burst into flames. The plaintiff suffered burns to his body and face and incurred over $1.6 million in medical expenses.

The plaintiff sought $1 million in uninsured motorist’s benefits from Liberty's policy for Suburban. Liberty denied the claim and filed a counterclaim for declaratory relief contending that there was no coverage as the vehicle involved was not owned by the insured and was not listed in the policy. The plaintiff argued that the Liberty policy violated Illinois law regarding mandatory coverage for uninsured motorist insurance. Liberty contended that while the plaintiff was an insured for liability coverage, he was not an insured under the uninsured motorist coverage part. Fencl argued that the Illinois uninsured motorist statute provides that uninsured motorist coverage does not apply to an insured while occupying a motor vehicle furnished for that insured's regular use if that vehicle is not described in the policy.

The appellate court agreed with Mr. Fencl’s position and affirmed the order granting summary judgment. The last demand from plaintiff's counsel during the appeal was $975,000.

Mr. Fencl was assisted in the case by Johnson & Bell attorneys Mary K. Cryar and Garrett L.
Boehm. He is chairman of Johnson & Bell’s Insurance Coverage Group.

08-07-2006

Hermes Sargent Bates Welcomes Meggan Burchfield as an Associate Attorney!
Meggan Burchfield joined Hermes Sargent Bates on August 7, 2006 as an associate attorney. Her practice area include transportation.

08-07-2006

Garan Lucow Miller Employees Raised $4,292 for the American Cancer Society
Team Glories, led by Barb Taveirne from Garan Lucow Miller’s Troy office organized employees to support the American Cancer Society's Relay for Life in June. Team Glories raised $4,292 for cancer research. The law firm made a contribution in memory of attorney and shareholder Joe Kochis who passed away last year.

GLM team members included: Maureen Brogan, Ed Freeland, Joan Smith, Beth Bezenah, Karen Jacobson, Adrienne Cruise, Sy Orlowski, Jon Desenberg (retired), Patricia Dooley, Karen Ludden, George Moustakas, Sharon Pate, Kathy Szczepanski, Micki Kowal, Terri Hair, Kim Pickard, Sarah Robertson, Mike Brown, Robert Goldstein and Barbara Taveirne.

Relay for Life is a fun-filled overnight event designed to celebrate survivorship and raise money for research programs of the American Cancer Society. During the event teams of people gathered at Smith Middle School in Troy to take turns walking or running laps. Each team kept at least one team member on the track at all times.

Garan Lucow Miller, P.C. is a full-service law firm founded in 1948 with offices throughout Michigan. We provide legal services to businesses, individuals and municipalities. For a complete list, please visit our Web site at www.garanlucow.com.

08-07-2006

Foster Swift Continues Southeast Michigan Expansion
The Michigan law firm of Foster, Swift, Collins & Smith, P.C., is pleased to announce that Randall L. Harbour has joined its Banking, Finance and Real Estate Practice Group in the Farmington Hills office. Formerly shareholder, Treasurer and member of the Board of Directors of Raymond & Prokop, Mr. Harbour brings enhanced depth to Foster Swift’s southeast Michigan offices with his practice focused in the areas of financial institutions, corporate and business consulting, mergers and acquisitions, finance, real estate, and personal estate and financial planning. In addition, Mr. Harbour is experienced in organizational, strategic and financial planning.

Harbour received his undergraduate degree from the University of Michigan. He law degree was also awarded by the University of Michigan. He is admitted to practice in Michigan and in Ohio. He may be contacted directly by phone at 248.539.9907 or by email at rharbour@fosterswift.com.

08-07-2006

Benzinger named honoree of American Cancer Society golf tournament
Gerald Benzinger, managing partner of the law firm of Deters, Benzinger and LaVelle (DBL), has been named the honoree of the American Cancer Society’s Fore A Cure Corporate Golf Classic held Aug. 6-7 at Belterra Casino Resort and Spa. Benzinger practices in the areas of healthcare law, litigation, corporate law, estate planning and probate. For more than 35 years, he has handled the defense of hundreds of medical negligence claims and advised health care providers on all aspects of their operations. He has been listed numerous times in Best Lawyers in America in the field of health care law.

A four-year survivor of Non-Hodgkins Lymphoma, Benzinger began a personal mission to find a cure to another form of cancer when his 2-year-old granddaughter Malia Heck was diagnosed with intramedullary astrocytoma, a rare cancer that strikes the spinal cord. The Benzinger and Heck families formed Malia’s C.O.R.D. Foundation in 2004, with Benzinger serving as vice president. In addition to his work with the Foundation, Benzinger serves as a trustee of the Catholic Men’s Fellowship of Greater Cincinnati, president and director of Trinity World Missions, Inc. and board member of the St. Elizabeth Medical Center Foundation.

Benzinger lives in Edgewood Kentucky with his wife, Linda.

DETERS, BENZINGER & LAVELLE is a full-service law firm with 41 attorneys in its Crestview Hills and Cincinnati offices. The firm serves private individuals and companies in many industries including banking, computer & information technology, construction, health care, labor and employment relations, and real estate. For more information, visit: www.dbllaw.com.

08-07-2006

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