PERSONAL INJURY AND NEGLIGENCE PRACTICE AREA DESCRIPTION
Patrick Levine Rose has a long track record of representing Plaintiffs in personal injury and negligence cases. He actively litigates on appeal in negligence and personal injury cases. Mr. Rose worked on many negligence and personal injury cases as a judicial clerk to a Michigan Supreme Court justice from 1988-1990, laying the foundation for his current practice.
Mr. Rose also worked on a series of class action and multi-district asbestos cases while clerking for U.S. Court of Appeals Judge Collins Seitz. He became involved in a series of cases as a judicial law clerk
that related to the scope and validity of expert witness testimony. These cases decided by the Third Circuit defining the expanded test for admission of scientific evidence and expert testimony at trial became a precursor to the Daubert case, a leading case setting the test on such scientific proof at trial.
PLAINTIFF’S BAR ASSOCIATION WORK ON BEHALF OF TORT CLAIMANTS
Mr. Rose works closely with other attorneys who actively litigate negligence and personal injury cases on the Plaintiff’s side. He is a current of the Michigan Association of Justice (MAJ). He joined the group
(the Michigan Trial Lawyers, or “MTLA”) in 1995.
Mr. Rose is an advisor to the MAJ on appellate issues along with other lawyers.
APPELLATE VICTORIES IN NEGLIGENCE AND PERSONAL INJURY CASES.
Mr. Rose won an “exploding coke can” case by persuading the Michigan Court of Appeals to send back to trial a dismissed plaintiff’s product liability case in Wayne County. This appellate victory allowed the plaintiff to seek compensation for serious eye injuries that resulted from the coca cola can exploding and spraying like a laser, under high pressure, into her eyes, causing direct trauma and chemical burning. (See Teresa Kocoloski-Young v. Coca-Cola Enterprises, Mich COA No. 264119.)
Mr. Rose has litigated a host of negligence claims arising in the context of business relationships. In November of 2008, he won a builder and developer’s negligence case on behalf of a homeowner arising out of the defective construction of a large estate size house. This appellate victory allowed the case to go back to trial in Oakland County Circuit Court on the negligence, fraud, breach of contract and equity claims. The Michigan Court of Appeals ruled 3-0 that the Oakland County judge had wrongfully found the proofs and pleadings not to be legally valid so the homeowners could proceed to trial and obtain a full remedy. (See Gordon and Wendy Tabenske vs. J.R. James Development, Mich COA Docket No. 283896.)
Mr. Rose obtained a unanimous 7-0 reversal in the Michigan Supreme Court of the dismissal of medical malpractice and negligence claims against Hayes Green Beach Memorial Hospital. This wrongful death case sent back for trial and will be tried by Linda Miller Atkinson. (See June Umbarger vs. Hayes Green Beach Memorial Hosp., Mich COA Docket No. 264699, Mich Sup. Ct. Docket No. 134011).
In the same week, in February of 2008, a 5-2 reversal in the Michigan Supreme Court of the dismissal of a plaintiff’s negligence claims against his landlord who hit him in the face with a door, causing him to fall backwards, and suffering catastrophic injuries. The Michigan Court of Appeals (by a 2-1 vote) dismissed the case, calling it a legally barred premise claim. The case proceeding on remand through discovery and settled successfully for the plaintiff. (See David Kwiatowski v. Coachlight Estates of Blissfield, Inc., Mich COA Docket No. 272106).
In 2007, Mr. Rose protected a plaintiff’s trial verdict on appeal in an auto no fault case involving a rear end collision that caused serious injuries to the plaintiff, Tina Smith. This appellate victory allowed the plaintiff to collect her verdict (over $500,000). (See Tina Smith vs. William Reed, Mich COA Docket No. 265516).
Mr. Rose has obtained relief in other negligence cases. He obtained a ruling from the Michigan Court of Appeals that the Michigan State University Kellogg Center is not immune from tort liability because it is part of an educational institution. The appeals court ruled that the Kellogg Center was operated as a business, and so, as then Judge Robert Griffin, and the other two judges ruled, MSU Kellogg Center could be sued for injuries it caused to the plaintiff. The plaintiff was a grandmother and she fell off steps erected at a wedding reception so guests could step up to greet the bride and groom. (See Mary Delaney v. Michigan State University, Mich COA Docket No. 202391.)
Another appellate victory obtained by Mr. Rose allowed the father of two children to sue the homeowner to recover for his catastrophic injuries he suffered while helping to put a roof on the house. This plaintiff sued to be compensated for his traumatic brain injuries after he fell off the house while assisting others to install a new roof on the house. Due to Mr. Rose’s efforts on appeal, the Michigan Court of Appeals reversed the order dismissing that case entered by a Wayne County Circuit Court judge. The plaintiff was able to take his case to trial and obtain recovery from the homeowner’s insurer for his serious injuries. (John J. Vrabel v. Arthur Chubb, Mich COA Docket No. 201915).
OPENING COURTHOUSE DOORS BY LIFTING TORT REFORM LIMITS
Patrick Rose has advised extensively on a host of procedural bars erected to limit the relief available to negligence claimants. Plaintiffs face a number of procedural limits on the right to sue in negligence to recover for personal injuries. Mr. Rose has specialized in helping trial counsel comply with pleading rules, and helps trial attorneys overcome procedural limits to suit so clients can go to trial and obtain a recovery.
Mr. Rose has sought to overcome use of releases and exculpatory clauses that are put in contracts to bar tort liability. He did so as counsel of record for an amicus party to challenge the enforcement of arbitration agreements to bar certain types of civil rights claims. He represented a client challenging the use of an exculpatory clause that sought to void the right to sue in tort for negligence and premises liability claims. (See Leigh W. Gordon Smith v. Softball City, Inc., Mich COA Docket No. 173337).
Mr. Rose has litigated successfully against limits placed on medical malpractice claims, including affidavit requirements and statute of limitations rules used to bar claims. In this general area of procedural rules securing tort relief, Mr. Rose has litigated the liability of an injured person to sue the employer of the tortfeasor for injuries caused by an employee to overcome the defense of respondeat superior. (See Stephen Krywy v. Detroit News Authority, Mich. COA Docket No. 283896, a pending appeal).
T
ORT LAW AND NEGLIGENCE PRACTICE IN FEDERAL COURTS
Mr. Rose also handles tort and negligence claims in federal courts. For example, he has handled premises liability claims on in federal district courts, and on appeal, as counsel and outside counsel, against clients that include Wal-Mart and a major retailer (now Macy’s). He advises trial counsel about federal jurisdiction over tort claims, and has appeared and sought insurance coverage and appealed tort claims in federal court.
NEGLIGENCE LAW PRESENTATIONS AND CLE TRAINING
Patrick Levine Rose lectured the Michigan Trial Lawyers on discovery issues in 2002. Mr. Rose attended the 72 hour Tort Law workshops sponsored by Harry Philo and Linda Miller Atkinson of the Philo, Atkinson law firm in Detroit over several years in the 1990's.
Mr. Rose took an independent study course in premises and products liability law with Professor Page, at Georgetown University Law Center, who is author of the noted Premises Liability Treatise, and a specialist in products liability law.
Mr. Rose advised U.S. Senator Carl Levin on tort law and immunity questions, while working in his U.S. Senate office as an intern in 1988. The memos and advice related to the scope of tort liability of nuclear weapons and defense contractors under the Stencel doctrine and under the Price Anderson Act. This advice was given in a context of pending legislation granting immunity from tort claims to these contractors.
Mr. Rose has testified before the Michigan Legislature on questions of tort liability, including the duty of care owed and immunity in several areas, including the duties owed by premises owners, by private housing communities, and by operators of equestrian and horse-related businesses, among other issues.