Director of appellate practice, Matt Klakulak, has again prevailed for Giroux Pappas Trial Attorneys’s clients in the Michigan Court of Appeals. In Estate of David Niehaus v Asia Nails LLC, unpublished opinion of the Court of Appeals, issued July 25, 2017 (Docket No. 332938), Plaintiff’s decedent’s death was caused in part from severe burns he sustained to his feet from a scalding hot pedicure bath. A nail tech employee drew the bath, ran her hand under the running water and directed Mr. Niehaus to place his feet in the basin. Mr. Niehaus’ severe peripheral neuropathy prevented him from sensing that his feet were being burned.
Based upon Matt Klakulak’s advocacy, the Court of Appeals reversed the trial court’s conclusion that these facts only stated a case for premises liability and that the defective condition was open and obvious. It found the claim was based upon the nail tech’s unreasonable conduct, rather than an existing condition on the premises, and so sounded in ordinary negligence. It further found this negligence was direct and proximate cause of Mr. Niehaus’ tragic injury as pain and burns were a foreseeable result of exposure to the scalding hot water. Mr. Niehaus’ particular vulnerability due to his preexisting medical condition did not preclude recovery . . . a classic example of the defendant takes a plaintiff as it finds him. The case was reinstated and remanded to the trial court. Excellent result!
Does your case deserve a second look? Let Giroux Pappas Trial Attorneys maximize your chances for success on appeal and let a new and experienced eye identify a winning issue.Share this Article