David Mammel | Troy Estate Planning Lawyer

Real estate | Dismissal and monetary sanctions granted in favor of clients | Plaintiffs sued Clients to rescind the $152,000 purchase of their home. Clients sold the home in good faith to Plaintiffs during the summer of 2009. Previously, clients purchased the home in 2004 and made extensive repairs and renovations to the home during the five years that they owned it. Defendants completed in good faith a seller's disclosure form at the time that Plaintiffs purchased the home. After Plaintiffs purchased and moved into the home, Plaintiffs alleged that they discovered an infestation of termites and also alleged that they had problems with the roof leaking and problems with the siding on the home. On behalf of Clients, our office filed a motion for summary disposition, arguing Clients were not aware of any of these issues at the time of closing. Based on the briefs and oral argument, the Court dismissed the case, holding Plaintiffs had no evidence that Clients unlawfully and purposefully concealed any of the alleged defects from Plaintiffs.

Personal injury | $175,000 Awarded to Client | Client was physically assaulted by his neighbor. Defendant struck client in the face several times, causing client to suffer a fractured eye with muscle damage resulting in permanent double vision. Defendant rejected mediation result of $50,000 and the case was taken to trial. After two hours of deliberation, the jury returned a verdict in favor of our client, awarding him $175,000.

Medical malpractice | No Cause of Action | Plaintiff alleged that client, a radiologist, failed to interpret and report a broken wire in a pacemaker/ICD lead following an ER x-ray presenting with chest pain. Several days after discharge Plaintiff's ICD failed to regulate heart rate and rhythm, resulting in subsequent cardio-respiratory arrest and severe anoxic encephalopathy. Defense argued the standard of care requires radiologists to comment/report on the cause of chest pain and does not require reports on the condition of hardware. The jury returned a verdict of No Cause of Action on behalf of our clients.

Medical malpractice | No Cause of Action | Patient was a 16-year-old boy who died from meningitis. Plaintiff alleges that client, an emergency room physician, failed to timely diagnose and treat son's Fulminant Meningococcal Meningitis. It was argued that medical intervention could not have saved patient and that client was well within the standard of care having diagnosed and begun treatment within 2 hours of patient presenting to ER. The jury returned a verdict of No Cause of Action on behalf of our clients.

SOUDERS v S.L. BURT
Attorney for the Defendants in an estate case regarding a Decedent's estate who was a state prisoner (Michigan) at the time of his death in 2006. Plaintiff in said case asserted that the Defendants (correctional officers and other State employees) were both responsible for Decedent's death and should not be personal representatives of his estate. The outcome of this case is unknown as the only information given is the Defendants' Answer to the complaint.

United States of America v. Patrick Carney
Appellant: Attorney for the appellants, Patrick and Sean Carney. Patrick and Sean Carney are father and son and both federally licensed firearms dealers. They are appealing their conviction of falsifying records and selling automatic and semi-automatic handguns and rifles to a known felon. After careful review of the case and all the evidence presented, the appeals court finds that the there was no err in judgement on the part of the jury trial. The Carney's knowingly and willfully falsified records, sold firearms to a known felon, and aided and abetted in the illegal transfer of firearms to a known felon. The convictions of the defendants-appellants are affirmed.