Legal Question in Personal Injury in Michigan

untruthful evidence brought to deposition

I fell in a grocery store 3 years ago tomorrow and shattered my elbow. My case was thrown out due to the open and obvious doctrine. The corporation brought a picture to depositions as to what they said I fell over. They didn't know that I had a store employee as a witness that stated that what they took a picture of was not what I fell over. Nothing was said or done regarding the false evidence they brought to depositons. I would like to proceed to find out how they could present this evidence. If they would have taken a picture of what I truely fell over it wouldn't have been so open and obvious. My case is being appealled but I still am frustrated with the lies that occurred.


Asked on 1/11/05, 10:44 pm

1 Answer from Attorneys

William Stern William Stern, P.C.

Re: untruthful evidence brought to deposition

Welcome to the real world. During your deposition, it would have been helpful to have asked you while you were under oath exactly what caused you to fall, why you did not see it, if it would have been viewable to the normal customer upon casual observation, etc. However, in the motion for summary disposition, you could have countered their evidence by submitting an affidavit showing exactly whaat caused you to fall and addressing all of the above issues. It still may not have been successful, however. The conservative nature of our system and the judges today have jumped on this open and obvious doctrine to deny litigants their day in court. On the other hand, now that you have experienced firsthand that our legal system has been high-jacked by the insurance industry, ask yourself what role you played in it. I'm not being a smart aleck but during the last election cycle when you heard the ads on TV and radio telling you what was going on, did you believe it? Did you do anything to counter Engler and Bush who were responsible for the destruction of the system and the basic suspension of the Constitutional right to trial by jury? Did you vote? The reason that I say this is that a large chunk of my clients complain when it personally effects them but in some way they were responsible for their fate by in some way supporting those who are committed to destroying the ability of the average person to have access to the legal system. Print this out and ask your lawyer if he or she agrees with me. William S. Stern

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Answered on 1/12/05, 7:05 am


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