CMDA - Anne McClorey McLaughlin - Partner, Livonia Office

McKeown vs. Hairston:
Ms. McLaughlin successfully defended at trial a case of assault and battery on behalf of a county deputy sheriff. The plaintiff had claimed that the deputy pushed her down with an open hand, causing her severe back and neck injuries. The deputy, who had arrested another person, testified that he grabbed plaintiff by the arm and moved her aside and out of his way, so he could get safely to his patrol car.
The plaintiff claimed a violation of her rights under the U.S. Constitution, and that the actions of the deputy were an assault and battery and intentional infliction of emotional distress. Before trial, the judge entered a judgment in favor of the deputy on the constitutional issues, and the case proceeded to jury trial on the remaining claims. After trial, the jury returned a verdict in favor of the deputy.

Summerland vs. County of Livingston, et al.
In this case of a fatal shooting by two deputy sheriffs, Ms. McLaughlin and Joseph Nimako (on brief) obtained summary judgment for the deputies and the county that employed them. The district court held that the deputies’ use of deadly force was reasonable in light of all the circumstances and in the face of what they reasonably perceived to be an imminent threat to their lives.
On appeal, the team of McLaughlin and Nimako proved successful once again, with Mr. Nimako submitting the deputies’ brief on appeal, and Ms. McLaughlin arguing the appeal before the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, Ohio. The Court of Appeals affirmed the decision of the lower court less than a month after the argument took place.

Brooks vs. Knapp, et al.
In a case arising out of tragic circumstances, the parents of a woman murdered by her estranged husband sued three police officers for failing to arrest the husband on an alleged violation of a personal protection order. The parents claimed that the officers violated the woman’s right under the U.S. Constitution to equal protection under the law as a victim of domestic violence, and unlawfully discriminated against her as a married woman, in violation of the Michigan Civil Rights Act. The claims under federal and state law proceeded separately in federal and state trial courts.
Ms. McLaughlin successfully moved for dismissal of both cases before trial based upon lack of evidence of discrimination. The Michigan Court of Appeals and the U.S. Sixth Circuit Court of Appeals both upheld the respective dismissals.

Dean vs. Rochester Hills:
Ms. McLaughlin successfully defended a city employee in charge of the city’s recycling center, where the plaintiff alleged he was injured due to improper maintenance of the recycling yard. The jury listened to three days of testimony, and returned a defense verdict after deliberating only 45 minutes.

Shoraji vs. Southfield:
Ms. McLaughlin successfully defended the city against a claim of negligent operation of a government-owned vehicle. The plaintiff claimed injury at a city park while walking on the park’s unpaved walking trail. A city employee was grading the trail with a chain link fence “drag” attached to the back of a pickup truck. After the plaintiff moved aside to let the truck pass, she stepped back onto the trail, lost her balance and fell. She claimed that she stepped on the drag, which pulled her feet out from under her. Plaintiff broke her arm and alleged a severe, permanent condition as a result.
A week-long trial resulted in a verdict for the city. The jury found that the city employee was not negligent in the operation of the city’s motor vehicle.

Vitale vs. Garden City
Ms. McLaughlin obtained a jury verdict in favor of the defendant city in a claim of liability for the condition of a road. The plaintiff parked her car next to a drainage ditch while attending a local church fair. When she returned, she tried to enter the car from the passenger side to avoid a large truck that was narrowly passing. Plaintiff fell into the ditch, fracturing her arm.
The city’s right of way was not wide enough to widen and pave the road, install curbs and a storm sewer. The jury deliberated