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Major Victory For Injured Snowboarder - Moss & Colella

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Court Upholds “Plain Meaning” of Statute; Proves Major Victory For Injured Snowboarder

After a year of litigation, the case came to a screaming halt over whether Shane could recover damages if he was found to be more than 50% at fault for his accident. The parties briefed the issue and presented oral argument on February 5, 2016 before a Charlevoix County Circuit Court Judge. Emphasizing the clear language of the statute, we argued that an injured skier could still recover damages even if they were more than 50% at fault, but less than 100% (a standard recognized as “pure comparative negligence”). The court agreed, stating, that in applying the principles of statutory interpretation, “specific statutes are given priority over general ones.” The Court declined to adopt the “modified” approach and recognized that the “pure” standard was required. Despite prior ancillary opinions that merely suggested the 50% bar did not apply, this is the first time in the 54 year history of the statute that a court expressly ruled in favor of a pure comparative standard.

While this may not be watershed moment for recreational skiers to slam the industry with litigation, it is certainly a victory for those skiers and boarders who have been injured and foreclosed from recovering a fair proportion of their damages.

For more information on the incredible spirit and resolve of Shane, you may find his story at #shanewill.

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The attorneys of Moss & Colella have chosen their career path to fight for those who have been victimized by insurance companies, large corporations and government entities. We believe every citizen should have the right to hire the best lawyer who will actively advocate for their case. Our legal team of highly skilled trial attorneys has a passion for serving their clients and aims to obtain the highest compensation for them. When you choose our attorneys to handle your personal injury, civil rights or wrongful death case- you are hiring Metro Detroit’s best trial team. Speak with a Moss & Colella Michigan Civil Rights lawyer, Michigan Truck Accident Lawyer, or Personal Injury lawyer today!

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The attorneys at Moss & Colella provide strong representation for personal injury and civil rights cases for people in Detroit, throughout Michigan, and in selected cases across the country. When you choose us, you will have a team of trial lawyers on your side. We know what it takes to get results, and we will work tirelessly to win your case.

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