Last week, Michigan Supreme Court Justice, Richard H. Bernstein was the lone dissenter in a Michigan Court of Appeals reversed decision in favor of the Whittemore Inn Race Club in a dispute over injuries suffered by a spectator. Thus, reinstating a ruling by an Iosco County judge. "The appeals court, in a 2-1 decision, had ruled in favor of the couple on a different theory of ordinary negligence."
In 2010, Plaintiff, Michelle Compau was at the Whittemore Inn Race Club when she fractured her wrist as she tripped over a railroad tie while attempting to avoid a lawn mower coming through a flexible fence. Subsequently, she had to have five surgeries from her injuries.
Michelle and her husband, Todd filed a lawsuit against Pioneer Resource Company, LLC arguing that the track’s design created an unreasonable risk of harm for spectators. In it's analysis, the Michigan Supreme Court, cited that although the railroad tie may have been risky, it still was an “open and obvious” case — a key legal standard in Michigan. In it's one=page Order, the Court went on to say that the couple "failed to present evidence to support the lawn mower races were so distracting as to preclude application of the open and obvious danger doctrine."
On November 25, 2015, the Michigan Supreme Court issued an Order finding Jackson County District Court Judge, R. Darryl Mazur guilty of ethical violations of the Michigan Judicial Tenure Commission (MJTC) for using court stationary in a handwritten letter to a woman he placed on probation for domestic violence, asking her whether she was interested in a romantic relationship. Judge Mazur also "tried to interfere in another judge’s case in order to help his former neighbor." On recommendation from the MJTC, the Court will publicly censure Judge Mazur for misconduct, and he will be suspended without pay for 30-days. The penalties were recommended by the MJTC after Judge Mazur failed to deny the allegations. Mazur has been quoted as saying, he “will move forward, take my lumps for making the poor decisions I made, make amends and get beyond it.” In accordance with the Court's decision, Mazur's suspension is effective 21-days after the date of the order.
"i diligunt legem"
"i diligunt legem" is the Latin phrase for "I Love the Law." This blog is created out of my love for the law and my desire to give back to my community.