GENESEE TOWNSHIP -- A lawsuit against a Genesee Township police officer will head back to court after the Michigan Court of Appeals ruled it shouldn't have been thrown out, according to the Flint Journal.
Jonathan Hall filed the lawsuit in Genesee Circuit Court after he was injured when his truck was hit from behind by Officer Shawn Ball as Hall was trying to make a left turn.
However, the case was dismissed in September 2015 by Genesee Circuit Judge Joseph Farah after attorneys for the officer and Genesee Township argued Hall was not seriously impaired in the crash and Ball did not act with gross negligence.
Hall was properly using his turn signal, court papers said, when Ball attempted to pass Hall on the left. Ball had been following Hall when he crashed into him, according to court records.
"We find the trial court's conclusion that Ball was not grossly negligent to be incredible," the unpublished Court of Appeals opinion from Feb. 14 said.
The court said Ball claimed Hall was pulling off the road to the right, but Hall claims he had turned on his left turn signal.
"This is unambiguously a critical question of fact," the court's ruling said. "Had Ball in fact attempted to pass a car on the left, on a two-lane road, while that car was obviously turning left, we cannot conceive of how defendants have the chutzpah to contend that Ball's conduct was anything but so blatantly reckless as to 'demonstrate a substantial lack of concern for whether an injury results.' ... This would not be not mere incompetent driving; it would border on intentionally causing a crash."
Why are We Reporting This Story on our Website?
Our website was created to provide important news and legal information to accident and injury victims throughout the state of Michigan. Quite often, insurance companies and their investigators meet with victims and their families shortly after an accident. They attempt to obtain evidence and information that will help them defend the case later and often get victims to sign statements that are against their own interest.
Our goal is to provide valuable information to victims and their family members to prevent them from being taken advantage of by the insurance companies and their attorneys. We offer free books to consumers so they can understand their legal rights, whether they choose to hire an attorney or handle the claim on their own. We have given away many thousands of free legal guides over the last ten years for this purpose.
If you or someone you care about is the subject of this story and would like it removed from our website, please e-mail [email protected] and we will remove it from our site.
What Should I Do After A Flint Auto Accident?
There are several things that you should do immediately after a car accident, which include:
- Notify of the police of the accident, especially if they do not come to the accident scene.
- Provide the investigating officer with your drivers license, proof of insurance, & vehicle registration.
- Make sure there is a written police report made after the accident.
- Get the drivers license number and license plate number of the other vehicles in the crash.
- Take photographs on your phone of damage to your car and other vehicles.
- Get the names, telephone numbers, and addresses of all witnesses to the accident.
- Report the accident to your own auto insurance company after the accident.
- Request an Application for No-Fault Insurance Benefits from your insurance agent.
- Contact our experienced attorneys to advise you on your rights and to begin pursuing your claims.
Our No-Fee Promise on Flint Car Accident Cases
If you're in a Flint car accident, call our award-winning car accident lawyers.
Don't be concerned about the money you might need to hire a lawyer. You can afford to have the best car accident law firm on your side without paying a penny out of your pocket. It costs nothing to get started and if your auto accident case is unsuccessful for any reason, you owe us nothing. We promise you in writing:
- No money to hire us or get started on your case
- We pay all case costs and expenses from start to finish
- You pay no legal fees whatsoever unless you receive a settlement
- Phone calls to our office are always free, forever.
Start Your Flint Car Accident Claim
There are three ways to get started on your car accident case today to get the settlement you deserve. You can:
- Submit the Free Case Review Box on this page. An auto accident attorney will contact you shortly.
- Chat with our online live operator who will provide your information to our law firm
- Call 1-800-606-1717 any time of day to speak with an injury lawyer about your case.
Warning: There are strict time deadlines for filing Flint car accident lawsuits. Call us today to learn more about the Michigan auto accident laws.
The case has been remanded back to Farah's court for further proceedings.