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Eads and Simmons Succeed in Motion to Dismiss in Property Damage Case

April 11, 2019

John Eads (Partner-Michigan) and Jana Simmons (Of Counsel-Michigan) obtained dismissal on motion in a property damages case on behalf of a tree and property maintenance contractor in Sanilac County Circuit Court. The plaintiffs claimed a neighbor's contractor crossed the property line and removed a historic structure, a retaining wall, plants and a valuable walnut tree from the plaintiffs' property. The plaintiffs previously sued neighbors "and their agents and subcontractors" for the same damages and accepted a case evaluation award resulting in a final judgment as to all claims in that previous lawsuit. The court granted Jana and John’s motion to dismiss based on the argument that the plaintiffs' prior acceptance of a case evaluation award as to claims against the neighbors' "agents, subcontractors, etc." resulted in a final judgment under Michigan law and that res judicata barred the plaintiffs' second lawsuit based on the same claims and against the same parties. 

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