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Supreme Court Victory Protects Right to Seek Justice
Moss & Colella attorney Vince Colella has secured victories in all three levels of Michigan's court system, protecting an injured teenager's right to seek compensation without facing retaliatory litigation.
The Case
In January 2022, a 14-year-old boy suffered severe head injuries as a passenger in a vehicle that slid off the road and struck a tree. His mother filed a negligence lawsuit on his behalf in April 2023.
The defendant's response? A counterclaim alleging that the act of being sued caused her "intentional infliction of emotional distress."
Why It Matters
"This type of retaliatory counterclaim, if allowed, would discourage injury victims from exercising their constitutional right to access the courts," explained Colella. "Imagine being injured and then being afraid to seek compensation because you might be sued in return."
The Victories
Trial Court (June 2024):
An Oakland County Circuit Judge dismissed the counterclaim with prejudice, holding that filing a lawsuit "cannot be reasonably regarded as extreme and outrageous conduct." The judge noted that "by resorting to a court of law for resolution of her dispute, plaintiff followed what a civilized society would consider the most appropriate form of conduct."
Court of Appeals (March 2025):
When the defendant appealed, she repeatedly told the Court of Appeals that no hearing transcripts existed. After Colella obtained the transcripts himself and exposed these misrepresentations, the appellate court dismissed the appeal entirely.
Michigan Supreme Court (September 2025):
Michigan's highest court denied the defendant's final appeal, cementing the trial court's decision.
Legal Principal
Michigan law has long held that filing a lawsuit—even one a defendant believes lacks merit—is a privileged assertion of legal rights and cannot form the basis for an emotional distress claim. This case relied on
Early Detection Center v NY Life Insurance Co.,
which established that pursuing legal remedies through the court system is protected conduct.
Moss & Colella Protecting Injured Victims Against Bogus Counterclaims
While the defendant pursued three years of unsuccessful appeals, the underlying injury case was successfully settled in July 2024, providing the boy with the compensation he deserved for his injuries.
"Michigan courts will not tolerate attempts to weaponize the legal system against injured parties seeking legitimate redress," Colella emphasized. "This victory sends a clear message: you have the right to seek justice without fear of retaliation."
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