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BSP Wins Dismissal of Wrongful Death Case

Representing U-Haul Co of Michigan, BSP attorneys Moheeb Murray, Michael Williams, and Frankie Dame won dismissal of a wrongful death action in Kalamazoo County Circuit Court. While moving a U-Haul truck, a U-Haul employee struck and killed the decedent, who had crawled underneath the truck. Plaintiff alleged that the employee acted negligently in failing to do a walkaround inspection before moving the truck.

After dispositive-motion briefing and oral argument, the Court dismissed Plaintiff’s claim, holding that the decedent was trespassing, that Michigan’s standard duty of care does not require a walkaround inspection, and that the decedent’s presence was unforeseeable. The Court granted summary disposition for Defendants—before the close of discovery—based on BSP’s aggressive strategy of focusing on the duty owed in this unique factual situation.

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