JOHN T. EADS, III
Farmington Hills, MI
John T. Eads, III has handled high exposure medical malpractice and professional liability cases for the past 18 years, which credentials him to defend and evaluate intricate trucking exposures including environmental impact and major injury cases. He also handles general liability, commercial business, employment dispute, contract actions and municipal/school liability cases. John represents nationwide retailers such as Trader Joe's, Bravo Restaurant, Detroit Edison, Medstar, Michigan Consolidated Gas, Enterprise Rental Car, J.C. Penney, Meijer Stores and Pepsi defending exposures peculiar to the retail industry.
John regularly tries cases for clients including insurers, commercial businesses, and trucking companies. He has participated in oral arguments before the Michigan Supreme Court in trucking injury accident cases involving the applicability of the sudden emergency defense in single witness cases. He presents to national and regional organizations on issues pertaining to trial rules, large case exposure, mediation strategies, trucking, medical malpractice, Michigan No-Fault, errors and omissions, and professional liability.
§ Handled a UM/PIP case where the plaintiff was injured by a 2008 Audi which had been turned in after an employee lease with VW Credit, Inc. The dealership processed the return. VW hired a company to sell it on line. It sold. The seller called a car carrier. The car carrier hired an IC to do the work. The Audi was picked up by the IC driver, Barnett Jordan who parked his rig across Rochester Rd. from the dealership. He pulled out onto Rochester Rd. and the plaintiff, the sole occupant of the motorcycle, struck the Audi. In Michigan, the insurer of the striking automobile must pay PIP for the motorcycle occupant.
Trial was set in Detroit where the Plaintiff was seeking 24/7 attendant care for a brain injury and past, present and future, unpaid medical expenses, prescription expenses, wage loss, etc The demand was for in excess of $1,000,000 plus penalty interest and attorneys fees. John elicited testimony from the title company’s employees that provided an undisputed fact that the title was not transferred at the time of the accident. The Court granted Citizens Motion for Summary Disposition on the day of trial and issued a declaratory order placing Zurich as the highest priority PIP insurer for payment of Meka's past, present and future PIP benefits for his lifetime. In addition, the Court ruled that the title company still owned the AUDI on the date of loss and that Citizens owed no UM benefits.
§ Successfully completed a case involving a trucking accident. A $3,000,000.00 default judgment was entered against the foreign trucking company and its driver. However, due to improper service, the default judgment against the Defendants was set-aside and this Third-Party Automobile negligence suit settled at Case Evaluation for $100,000. Without admitting liability, the defense strategy was to work within the framework of MCL 500.3135 to diminish, if not eliminate, the plaintiff’s claims for damages.
§ On October 13, 2009, Brian McGettrick and his co-employee, Steve Williams, were delivering a glass pane wood frame door to a residence when he allegedly tripped over an extension cord laying in the front yard. Due to this accident, Mr. McGettrick claimed he injured his shoulder (rotator cuff tear) which required three surgeries, and was unable to continue his job delivering appliances as a contractor for Home Depot. An Oakland County Case Evaluation Three Attorney Panel issued a Case Evaluation Award for $437,500. Up until the day trial was to begin, the plaintiff’s counsel placed the plaintiff’s economic loss at $375,000 which included a Workers’ Compensation Lien for $92,668.42. On the morning of the trial, the attorney for the Worker’s Compensation Insurance Company waived the lien and added $40,000 toward settlement of the file. With this new offer from the Comp Carrier, John was able to settle the case for $100,000.
§ On May 25, 2010, Dominic Guzzardo (Plaintiff) was golfing at Sunnybrook Golf, Bowl and Motel, Inc. (Defendant) when he claims the defendant’s employee drove a loud, motor-equipped tractor/gang mower up beside him and ran over his left foot causing him to fall. As a result of this alleged incident, the plaintiff contends he suffered a non-displaced fracture of his second toe of his left foot and stretches it to include meniscal tears in his left knee. The foot injury disabled him for five weeks and he had surgery on his left knee. The plaintiff had incurred liens relating to medical expenses, exceeding $15,000, paid by Blue Cross/Blue Shield and Medicare. Those liens include payment for the knee surgery that the plaintiff continues to attempt to relate to the fall in question. This matter went in front of a Macomb County Case Evaluation Panel which came up with a value of $80,000. The matter was set for trial on Tuesday, December 13, 2011. As the date of trial came closer, John, was able to negotiate with the plaintiff and move his demand from Case Evaluation Award down to $20,000. At the eleventh hour, John reached a settlement with the plaintiff’s counsel of $15,000.
§ Successfully defended William Beaumont Hospital, its surgeons and emergency medicine physicians in several multi-million dollar jury demands (featured in DRI's "The Voice" and "Jury Verdict Reporter").
American Board of Trial Advocates Member
Defense Research Institute
Claims & Litigation Management Alliance
Litigation Counsel of America Fellow
Michigan Bar Association
Michigan Bar Foundation - Nominated Fellow
National Retail & Restaurant Defense Association
Shamrock Bar Association (Detroit Catholic Central High School Graduate)
The Trial Law Institute, Member
Truck Industry Defense Association
Trucking Lawyers Association
Michigan Super Lawyer (2006-2013)
2013 Top Rated Lawyer in Insurance Law - ALM
American Lawyer Media
Top Lawyers for Detroit Business
Michigan’s Top 25 Leaders in the Law by Michigan Lawyers Weekly
AV rating - Martindale Hubbell
5-Star rating - Lawdragon.com
U.S. Sixth Circuit Court of Appeals
U.S. District Court for the Eastern and Western Districts of Michigan
University of Richmond Law School, Richmond, Virginia, 1990
Hillsdale College, Hillsdale, Michigan, 1987
John is an avid coach, fan and participant in basketball, golf, hockey, and soccer. He is active in community affairs including the Catholic Lawyers, Soup Kitchens, Race for the Cure, Boy Scouts, and the Stonewater Subdivision Board of Finance. He is married to Elizabeth and they have three children, Allysen (15), John (10) and Colin (7).