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MICHIGAN CENTRAL DEPOT, PART ONE-1987

This clip, about the Michigan Central train depot in Detroit, was taken in 1987, while there was still a little bit of activity at the place.  It closed finally in 1988, and has been rotting since.

This video is especially interesting because it contains photos from the days when the depot was the transportation hub of southeastern Michigan.  And of course it is unique because parts of the station were still in use when this piece was filmed.  Not many, though.  The glory days had long since passed.  But most informative, charming and/or poignant are the comments from the two retired railroad employees who are shown walking through the nearly empty giant for what was probably the last time.

I was only in the Michigan Central Depot on one occasion, back in 1985, when Conrail still had offices there.  It was mostly deserted then, but it was fun to try and conjure images of what had been.

FOOLISHNESS,DAMN FOOLISHNESS AND THE MICHIGAN OPEN AND OBVIOUS DOCTRINE

On October 13, 2009, the Michigan Court of Appeals handed down its opinion in the case of Christine Blue v St. John Hospital, No. 284769 (unpublished).  This was a 2-1 decision by Judges Kathleen Jansen and Kurtis T. Wilder, with Judge Cynthia Stephens dissenting.  The lower court had merely denied the defendant's motion for Summary Disposition, ruling that the issues involved in this premises liability case should be decided by a jury.  The defendant sought leave to appeal before a jury could hear the case.  The Court of Appeals ruled that there was nothing for the jury to decide, and reversed the trial court's decision.  Ms. Blue's case was thrown out of court.

A little background for those not smart enough to be Appellate Judges in the state of Michigan.  According to our Court Rules, to throw a case like this out, there must basically be an agreement as to the facts, and while looking at those facts in the light most favorable to the Plaintiff (irony alert), the Defendant must be entitled to judgment as a matter of law.

So, what happened here?  What are the undisputed facts?

Ms. Blue sustained injury when she slipped and fell on snow-covered ice in the defendant's parking structure. She was accompanying a friend to a doctor's appointment, had dropped the friend at the door and had parked the car in the parking structure.  While entering the hospital she fell in a stairwell in the structure. The majority opinion doesn't talk much about the facts, but, looking at the opinion in conjunction with the dissent, the facts are apparently these:

• It had begun snowing overnight.  By 7:30am, two inches of snow had accumulated on Ms. Blue's car.
• The temperature was cold, and Ms. Blue had observed significant winds, heavy snowfall and blowing snow that morning.
• The Defendant admitted that there was snow on the uncovered areas of the parking structure.
• The only available avenue to access a stairwell would have required that Ms. Blue ambulate up a ramp covered with snow to traverse toward a stairwell.
• Ms. Blue did not notice any ice under the snow until after she fell.  She pushed away snow to uncover the ice.
• Ms. Blue was carrying her friend's child when she fell.
• It was still snowing at the time Ms. Blue fell.
• A uniform blanket of snow covered the ramp and parking lot.
• The hospital is open 24 hours a day.

Given these undisputed facts and admissions by the Defendant, and looking at the facts in the light most favorable to Ms. Blue, the Court ruled, as a matter of law (drum roll)......"The Plaintiff has failed to establish that the Defendant had notice of the hazard presented by the snow and ice in its parking lot."  Not actual notice.  Not constructive notice that might be proved by circumstantial evidence.

MICHIGAN BALLOT INITIATIVE TO CUT AUTO INSURANCE RATES 20%

Apparently the Michigan Board of Canvassers has approved a ballot initiative for the 2010 which seeks to roll back auto insurance rates by 20% across the board.  This proposal has been sponsored by State Senator Hansen Clarke.

Bravo!  How very nice.  I'd like to see my auto insurance rates cut by 20%, and while they are at it, how about a similar reduction in my sales tax and income tax.  And during this same trip to fantasy land, let me put in an order for a doubling of my salary and mutual fund. portfolio.

The group behind the proposal has indicated that it has not been able to get any relief from the Michigan legislature.  Imagine that.  I certainly sympathize and share the group's frustration with our elected officials.

While I am persuaded that the insurance industry has lobbied for legislation and for court decisions that have had the effect of reducing benefits without a corresponding decrease in premiums, I am not quite sure that this initiative is the proper approach to achieve fairness in the Michigan No-Fault system.

The theory of representative government is that our elected officials will recognize issues, assess problems and solutions, and enact legislation that addresses the issues within the restraints of our constitutional system.  And, I hope, they consider the consequences of their actions before they act.

ST. CATHERINE OF SIENA ACADEMY GROUNDBREAKING

This is a little bit "off topic" from the usual fare on this site, but I could put this in the category "Special Events".  This is a copy of a post from one of my other blogs:

On Wednesday, November 25, 2009, an enthusiastic group gathered, in the diminishing daylight, near the corner of Grand River and Napier Road in Wixom, for the long awaited ground-breaking ceremony for the new St. Catherine of Siena Academy.

The Most Reverend Allen H. Vigneron, Archbishop of Detroit, bestowed his Blessing on the school and the site.  

The all-girl Academy plans to open in the fall of 2010, and is located a short distance west of Catholic Central High School in Novi.

While the actual groundbreaking was illuminated by just by a few work-lights, the site will soon be brightened by construction activity, followed by a vibrant educational community.  To repeat the quote from Pope John Paul II, contained in the program,  "If you are what your should be, you will set the world ablaze."

The fire was ignited on November 25.  Best of luck to St. Catherine's.  See the school website, here, for updates.

 

 

RONALD REAGAN-A LITTLE HOLIDAY IRONY

In keeping with the specific holiday theme of yesterday's post, and re-introducing the general smart aleck tone of this site, I offer this Christmas ad for your consideration:

Lots of irony here.  Firstly, Ronald Reagan was not a cigarette smoker.  Secondly, based on the vintage of the ad (Ron was starring in the 1952 movie Hong Kong at the time), Mr. Reagan was still a registered Democrat, though he endorsed Dwight Eisenhower for President that year, and Richard Nixon in his race against John Kennedy in 1960. 

Some might argue that Mr. Reagan was consistent is supporting the tobacco industry both as a civilian Democrat, and as a civil servant while a Republican President.

But, in what might the ultimate irony, in later years, both Democrat and Republican administrations brought suits against the tobacco industry, to recover taxpayer paid health care expenses for the treatment tobacco related illnesses and under the RICO statute.

It's a complex world out there.

Happy Holidays, everyone.  I wonder if the "beautiful" Christmas Card Carton is available this year.

HAPPY THANKSGIVING FROM DETROIT AND WWW.ATTORNEYBUTLER.NET

Best wishes to one and all at the beginning of this Holiday Season.

No weak attempts at wit, humor, or insight today.

Here are a couple of vintage pictures from what was once called Detroit's J L Hudson's Thanksgiving Day Parade.

The Doodle Bug, as Sonny Elliot used to call it.

Dumbo, very little explanation needed.

Moother Goose from the first parade in 1925.

No explanation needed.
 
 
 
 

THE MARX BROTHERS-DOING "REAL" LEGAL WORK

Forget trial lawyers.  Here are Groucho and Chico Marx doing some genuine, real American legal work--negotiating a business contract.  From "A Night at the Opera", and with the U S Chamber of Commerce seal of approval:  (By the way, beware of the Sanity Clause).

PROBLEMS WITH 24/7 MEDIA

Face it, we are not always at our best, most attractive and wittiest, 24 hours a day, and 7 days a week.

While I have many problems with partisan politics, I do sympathize with politicians in that, with constant media, microphone and camera coverage, they will all look or sound stupid at some (usually multiple times).

For instance, one blog runs this picture of Sarah Palin every time they she has done or said something stupid. 

They run that picture a great deal.  By the way, when I watched Sarah Palin talk about the Ft. Hood shootings, it suddenly struck me.  That interview would have sounded the same if John McCain had selected Kelly Ripa as his running mate in 2008.  Yike.

This is a Republican themed post, so as further proof of my point, I offer this clip:
 

Though I am not a big George Bush fan, I feel for the guy here.  It is easy to forget the correct wording.  (Is it "Starve a cold, feed a fever, or feed a cold starve a fever, starve a cold, feed a cold?")

But, the camera does sometimes capture an unguarded moment and makes it great.  Again, we have a Republican, Ronald Reagan.  I love this:

So, give a politician a break--but not too often.

LEGAL TALK NETWORK

I thought I'd put in a plug in for the Legal Talk Network, that produces legal podcasts.

Plans are in the works for www.attorneybutler.net  ( along with others) to get into the "podcasting game" in 2010.  I can hear it now:

"Good evening Mr and Mrs America, from border to border and coast to coast and all the ships at sea. Let's go to press.”

Sorry, Mr. Winchell.

Stay tuned.

PARTISANSHIP TAKES MANY FORMS-JESSE JACKSON

Political partisanship and posturing has certainly been mainstays of the on-going health  care reform debate. However, yesterday the Rev. Jesse Jackson introduced a new wrinkle into what had been the usual Democrat v Republican bickering.

You see, Representative Artur Davis, a Democrat from Alabama had voted against the health care reform bill that recently passed the House.  This prompted Jesse Jackson to remark, “You can’t vote against health care and call yourself a black man.”  Representative Davis is black, as you may have guessed.

Whatever my views on health care reform, I commend Representative Davis for considering himself an American first, rather than a man, a black man, or a Democrat.

Mr. Davis responded with class to Rev. Jackson's insult.  He stated, “One of the reasons that I like and admire Rev. Jesse Jackson is that 21 years ago he inspired the idea that a black politician would not be judged simply as a black leader,” Davis’s statement said. “The best way to honor Rev. Jackson’s legacy is to decline to engage in an argument with him that begins and ends with race.”  Awesome.

To this Rev. Jackson replied that he did not call anybody by name when making his statement.  As Rep. Davis was the only member of the Congressional Black Caucus who voted against the health care bill, one wonders what could have prompted Mr. Jackson to make such a statement, if it was not about Mr. Davis.  Better for Rev. Jackson to have stood behind his original stupid remark rather than try to deflect it with a truly classic stupid response.

In America we have struggled to make all people free and equal and to protect their right to be independent in thought and in action.  But is independent thought and action wanted in politics?  Hardly.