Recently, a judge determined that a jury should settle the outcome for an injury lawsuit filed against Ervin industries. The jury will determine whether Ervin Industries should be held responsible for the injuries of an individual, Russell Albertson, who visited its Adrian plant. The visitor slipped on shotgun pellets on the plant floor.
The injury lawsuit is scheduled to go to trial by jury on August 16, 2016.
During the hearing that took place this past Monday before Circuit Judge Margaret M.S. Noe of Lenawee County, the attorney of the company argued that the visitor should be held responsible for failing to ensure his safety. After the hearing, Noe ruled that she could not grant a dismissal due to lack of certainty about the
facts.
Russell Albertson, who was the man injured at the Adrian plant, claims that Ervin Industries should be held responsible for his severe knee injury. Albertson filed the lawsuit against Ervin Industries last year, but he suffered the fall on June 26, 2012. In the lawsuit, he claims that the shotgun pellets, which were manufactured at the Adrian plant, littered the concrete floor. He was on a business trip in the Adrian plant when he was invited to walk across the concrete floor. In the suit, Albertson states that he did not see the shotgun pellets before falling.
Rick Patterson of Auburn Hills, the defense attorney, argues that Albertson was informed of the risk that shot pellets could be on the concrete floors of the plant. Past rulings of the Michigan Supreme Court have determined that property owners do not need to inform visitors of a known risk. Patterson said there is no need to ensure premises are foolproof.
Patterson also argues that Albertson could have chosen not to go into the room of the Adrian plant with the spilled shotgun pellets.
The attorney of Albertson, Stuart Fraser of Mount Clemens, argued that it was not obvious that the floor was littered with shotgun pellets. Tom Howard, the plant manager, testified that he did not remember seeing the shotgun pellets on the floor before Albertson’s fall.
According to Fraser, this case should go to trial by jury, at the very least.

the drivers as independent contractors while the drivers felt they should be considered employees.
behavioral health treatment center.
through residential neighborhoods and commercial districts — on a Friday afternoon during rush hour.”
The Case in Tennessee
In 2013, Misty Durham brought her infant son, Caleb Stewart, to his daycare center, operated by Tara Johnson. According to a possibly incomplete police report, Johnson left the center after laying Caleb on a deeply-cushioned surface, rather than a crib. Her friend, Destiny
in response to the investigations.
The suit alleges that the paper has both an ideal customer and an ideal client in mind. They assert that the ideal New York Times customer is someone who is younger, at the top end of the pay scale and white. They further allege that the paper also has an ideal employee in mind and this employee is also young, white and in the top percentiles for income. The lawsuit asserts that Times editors do not wish to hire people who do not fit this image. Plaintiffs suggest that those with families who do not meet these criteria have been denied promotional opportunities. They also assert that any company commitment to hiring people of diverse backgrounds has been actively subverted by those in positions of power here.
Allstate’s move is an answer to a Supreme Court case known as Campbell-Ewald v. Gomez, where it was decided that a defendant cannot simply pay off named plaintiffs to avoid a class action lawsuit. There was however a gray area open where it was possible for a defendant to place the monetary settlement in an escrow fund for the named plaintiffs and then enter their own judgment so as to try and avoid the class action portion, and this is what Allstate was attempting to use.
“They were like we don’t know what you’re talking about, we didn’t find any bed bugs, everything is fine,” said McFarland. She claims that the mental and physical trauma, including an allergic reaction to the bites, convinced her to file suit. The alleged callous attitude of the hotel management was another factor. “Other people have probably complained and they didn’t do anything about it,” she said.