04/11/2019 | News release | Distributed by Public on 04/15/2019 19:10
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.