EVANS V. LIMA LIMA FLIGHT TEAM, INC, 869 N.E.2d 195 (2007) CASE BRIEF

EVANS V. LIMA LIMA FLIGHT TEAM, INC.

869 N.E.2d 195 (2007)

NATURE OF THE CASE: Evans (P) appealed a summary judgment for Lima (D) in P's suit for wrongful death. Ds cross-appealed from the denial of summary judgment on the basis of assumption of the risk.

FACTS: P died as the result of an airplane crash during a practice session with D. They were flying in a six-aircraft delta formation, performing a maneuver known as a 'pop-top break,' when the aircraft piloted by J.O. Martin and the aircraft piloted by P came into contact with each other, damaging P's aircraft and causing it to crash. P was killed instantly. P sued J.O. Martin and D for Wrongful Death and a survival action. Ds filed a motion for summary judgment premised upon the doctrine of assumption of the risk, which the circuit court denied. Ds then filed a motion for summary judgment on all survival claims, asserting that P died instantly. The circuit court granted the motion. Ds moved for summary judgment on the remaining Wrongful Death Act claims based on a signed exculpatory agreement. The circuit court granted the motion for summary judgment, finding that the exculpatory agreement was specific and definite enough to release the individual defendants from liability for the' death. D filed a subsequent motion for summary judgment, maintaining that its liability was solely predicated upon the acts of the individual defendants and because all claims against the individual defendants had been dismissed, it was entitled to summary judgment as a matter of law. The circuit court granted the motion P appealed. Ds filed a cross-appeal for denial of their motion for summary judgment based upon the defense of assumption of a known risk.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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KLAPP V. UNITED INSURANCE GROUP AGENCY, INC, 663 N.W.2d 447 (Mich. 2003) CASE BRIEF

KLAPP V. UNITED INSURANCE GROUP AGENCY, INC.

663 N.W.2d 447 (Mich. 2003)

NATURE OF THE CASE: Klapp (P) Plaintiff appealed a decision from the Court of Appeals, which reversed the trial court's order denying United's (D) motion for summary judgment in P's action to recover retirement renewal commissions on insurance policies.

FACTS: P worked for D as an insurance agent under a contract, titled the 'Agent's Agreement.' P left work in 1997 after 7 years and before he was 65. P sued D for a failure to pay renewal commissions to which P was entitled pursuant to the vesting schedule in their contract that provided that an agent with seven years of service is entitled to the vesting of one hundred percent of his renewals. D moved for summary judgment. The trial court found the contract to be ambiguous, and the jury subsequently found in favor of P. The Court of Appeals reversed in that the contract unambiguously requires that an agent must be at least sixty- five years old and have worked at least ten years for D in order to qualify for retirement renewal commissions. P appealed. P argues that the contract was ambiguous because the vesting schedule in 5(B) of the Agent's Agreement conflicts with the sixty-five years of age and ten years of service requirements in the Agent's Manual. Under the vesting schedule, a percentage of renewal commissions were vested after two years of service, while, under the Agent's Manual's definition of retirement, which the Agent's Agreement incorporated, renewal commissions were not vested at all until an agent reached sixty-five years of age and had served as an agent with defendant for ten years.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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