Personal injury lawyer and State Bar Negligence Law Section President David E. Christensen examines how the new Supreme Court will affect accident victims

My partner wrote the following in his president’s column for the State Bar Negligence Law Section Quarterly newsletter. The Negligence Law Section is made up of some of the most respected Michigan personal injury lawyers from both the plaintiff and defense bar.  Although Dave’s column is written as more of an open letter to the new Michigan Supreme Court Justice Mary Beth Kelly, I decided to run this today considering on Monday, January 10, Governor Snyder appointed Court of Appeals judge Brian Zahra to fill Justice Corrigan’s seat.

Sadly, my own experience with Judge Zahra is that he is far less the moderate that the new governor proclaims himself to be. Perhaps this column is especially fitting as an invitation to the Court’s two newest members to restore some of the dignity and respect to our highest state legal office, something that was so lacking over the past 15 years.

Here is the start of Dave’s open letter to the Negligence Law Section of the State Bar of Michigan:

Is everything old new again?  After November’s Republican electoral sweep of the legislature, the Governor’s office and the Supreme Court races, negligence lawyers are asking this age-old question.  After a brief two-year hiatus from a decade of a Republican control of the Supreme Court, the GOP is, once again, in control of the Michigan Supreme Court.  Justice Young was re-elected and the newest Justice, Mary Beth Kelly will join the Court in 2011.

This column represents my very simple opinion. The Negligence Section Council consists of equal numbers of defense and plaintiff personal injury lawyers. The Council only speaks after deliberating and voting, and if there is not overwhelming agreement on an issue, we do not speak. The Negligence Section positions are expressed mainly in amicus briefs and testimony before the legislature on pending bills. In my many years serving on the Council, nearly every vote has been unanimous, or nearly unanimous. But the following is simply my humble opinion on the potential for this new Supreme Court.

Will this new Court be a repeat of the Cliff Taylor years?  Will it be more devastating for the right to jury trial? Or will the extremism and bickering of the past be tempered by a new voice on the high court? Is this an opportunity for this dysfunctional Court to begin to be healed?  This will be up to the potentially most powerful justice on the Court, who also happens to be the newest Justice.

All negligence lawyers are well acquainted with Justice Robert P. Young’s record on tort and insurance matters, but there are few clues to the beliefs of incoming Justice, Mary Beth Kelly. Let’s look at each of them for clues.

- David E. Christensen is president of the State Bar of Michigan Negligence Law Section, the professional organization for all personal injury lawyers in Michigan. He is a partner of Michigan Auto Law and is known for his experience in traumatic brain injury and psychiatric injury cases related to car accidents.

Tomorrow, we’ll run the second portion of Dave’s letter, regarding Justice Mary Beth Kelly’s beliefs.

Related information:

Justice Robert Young Jr.: Big bias toward personal injury victims

Michigan Auto Law: Quick facts about our personal injury attorneys

How McCormick has changed personal injury lawsuits, by Dave Christensen

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you. Call (800) 777-0028 for a free consultation with a personal injury lawyer.