Firm News

Successful Appeal Overturns Michigan Trial Court Ruling

Matthew Klakulak is Successful in Appeal

TROY, MI—As reported in Michigan Lawyers Weekly‘s Who’s to Blame, November 29, 2022, Matt Klakulak, an appeals expert at Giroux Pappas Trial Attorneys, successfully argued on behalf of his client, a young man injured in a horrific collision between a ATV and a 2.5-ton pickup truck.

How the Injury Occurred

The incident occurred on Galbraith Line Rd. in Sanilac County. The driver of a pickup truck started to pass the 15-year-old ATV driver as the ATV driver was turning onto a side street, resulting in a serious collision. The 15-year-old survived, but sustained significant injuries.

The Initial Ruling

In Michigan, an individual is not entitled to recover damages for noneconomic loss (pain and suffering) due to a motor vehicle accident if they are more than 50% at fault (MCL 500.3135). Naturally, the pickup truck driver, who is the dependent in this case, successfully argued in the trial court that the young man was more than 50% at fault. Matt Klakulak, the Director of Appellate Practice for Giroux Pappas Trial Attorneys, appealed this ruling.

Successful Appeal

Mr. Klakulak successfully argued before the Michigan Court of Appeals that the defendant failed to support his argument with sufficient evidence. Following the decision, the case will return to the trial court for continued proceedings. 

The full opinion can be found on the State of Michigan’s website. Mr. Klakulak is an appeals specialist, handling cases in state and federal court for the firm. His expertise gives Giroux Pappas Trial Attorneys the capacity to handle complex cases through all phases of litigation. 

The Importance of Appellate Attorneys

An appellate attorney helps preserve a trial victory or overturn an adverse judgment or conviction.

Both Mr. Klakulak’s experience and the law firm’s in-depth resources provide the ability to handle a broad range of appeals expeditiously. 

As an appellate attorney, Mr. Klakulak can take the lead on appeals or dispositive motions from law firms that may wish to allocate its litigating attorney resources elsewhere or lack the specialized experience Mr. Klakulak offers. Mr. Klakulak is also available to consult on other firm’s appeals. Flexible fee structuring or engagement arrangements are available.

Contact Giroux Pappas Trial Attorneys or Matthew Klakulak at (248) 531-8665 to discuss your case.

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About Giroux Pappas Trial Attorneys

Giroux Pappas Trial Attorneys, P.C. is a fast-growing personal injury law firm providing aggressive representation for clients throughout Michigan who have experienced trauma or sustained injuries from auto, motorcycle, or trucking accidents, medical malpractice, civil rights violations, wrongful death, or workplace issues. They have handled over 120 trials and have recovered millions for their clients. Visit https://www.greatmiattorneys.com/ to learn more about their past cases.

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Giroux Pappas Trial Attorneys's Bio

The experienced and knowledgeable team at Giroux Pappas Trial Attorneys, formerly Giroux Trial Attorneys, excels at achieving the best possible outcome for the clients because they embrace conflict, always fight hard to succeed and employ superior skills in the courtroom.