Wilson Elser Moskowitz Edelman & Dicker LLP

04/11/2019 | News release | Archived content

Eads and Simmons Succeed in Motion to Dismiss in Property Damage Case

Eads and Simmons Succeed in Motion to Dismiss in Property Damage Case

April 11, 2019

John Eads (Partner-Michigan) and Jana Simmons (Of Counsel-Michigan) obtained dismissal on motion in a property damages case on behalf of a tree and property maintenance contractor in Sanilac County Circuit Court. The plaintiffs claimed a neighbor's contractor crossed the property line and removed a historic structure, a retaining wall, plants and a valuable walnut tree from the plaintiffs' property. The plaintiffs previously sued neighbors 'and their agents and subcontractors' for the same damages and accepted a case evaluation award resulting in a final judgment as to all claims in that previous lawsuit. The court granted Jana and John's motion to dismiss based on the argument that the plaintiffs' prior acceptance of a case evaluation award as to claims against the neighbors' 'agents, subcontractors, etc.' resulted in a final judgment under Michigan law and that res judicata barred the plaintiffs' second lawsuit based on the same claims and against the same parties.

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