View News
October 2023

Congratulations to FBMJ Attorneys Rodey and Richtarcik for Successful Motion to Dismiss

Congratulations to FBMJ attorneys Cathy Rodey and Brian Richtarcik on a successful Motion to Dismiss in Wayne County Circuit Court before Judge Kathleen McCarthy. The complicated case claimed negligence, gross negligence, IIED, wrongful death, and violations of two provisions of the Elliot Larsen Civil Rights Act against FBMJ’s defendant physician. FBMJ argued, among other things, that the claims sounded in medical malpractice and not ordinary negligence, and that the case should be dismissed for Plaintiff’s failure to serve Notice of Intent and failure to file an Affidavit of Merit, as required by Michigan statutes. Judge McCarthy agreed, noting that the allegations to the decedent’s death by liver failure were based on medical judgement that goes beyond a laypersons’ purview. At FBMJ we make the complex simple!