JOHN E SVOBODA V MICHAEL J CUNNINGHAM
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STATE OF MICHIGAN
COURT OF APPEALS
JOHN E. SVOBODA,
UNPUBLISHED
March 6, 2007
Plaintiff-Appellant,
v
MICHAEL J. CUNNINGHAM and SOMMERS,
SCHWARTZ, SILVER & SCHWARTZ, P.C.,
No. 271797
Oakland Circuit Court
LC No. 2005-069780-NM
Defendants-Appellees.
Before: Owens, P.J., and Neff and White, JJ.
WHITE, J. (concurring).
If defendants had a duty based on Cunningham’s undertaking to investigate plaintiff’s car
accident claim, it was simply to inform plaintiff of his rights and obligations under the no-fault
statute. Defendants never undertook to file a claim with plaintiff’s insurance company, or to
commence an action for benefits. The circuit court correctly determined that defendants were
entitled to summary disposition on the issue of proximate cause. There is no genuine issue
whether plaintiff was otherwise informed of the need to file a timely claim with his insurance
company.
/s/ Helene N. White
-1-
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