A. Vince Colella named to Michigan Lawyers Weekly prestigious Leaders in the LawMedia contact: Barbara Fornasiero, EAFocus Communications, 248.260.8466; [email protected] Southfield, Mich. -- April 10, 2019 — A. Vince Colella, civil rights and personal injury attorney and managing partner of Southfield-based Moss & Colella, P.C., has been named to the Leaders in the Law class of 2019 by the legal trade publication, Michigan Lawyers Weekly. Honorees on the coveted list are selected from all areas of the law in consideration of their outstanding contributions to the practice of law in Michigan and the leadership example they set for other lawyers. The complete list can be viewed here. Colella is a trailblazer in a new era of civil rights, directing public sector accountability to a new level for the purpose of citizens’ legal protection. While his legal career initially focused solely on personal injury, his civil rights practice is a natural outgrowth that has contributed to far-reaching social implications and emerging trends in the law. Colella’s current civil rights cases include representing two families who have lost their loved ones to deadly force police shootings: Theoddeus Gray, killed November 4, 2018 by the St. Clair Shores Police Department, and Cody Reynolds, killed by a Royal Oak police officer on May 14, 2018. In 2017, he received a confidential settlement for the family of Janet Wilson, who was killed by a Dearborn police officer in 2016. In October 2018, Colella drew national attention to the plight of families impacted by criminal and lax mortuary practices when he filed a $1 million lawsuit on behalf of a Detroit woman whose husband’s remains were improperly handled by the now-closed Cantrell Funeral Home in Detroit. He was one of the first attorneys to file a civil action against the now-defunct funeral home. In addition to civil rights, Colella has gained a reputation for successful litigation efforts involving recreational accidents/gross negligence, government liability, and immunity cases. In November of 2017, he obtained a favorable decision from the Michigan Supreme Court when it denied leave for appeal, allowing a Court of Appeals decision to stand against a public-school shop teacher for a student who lost her fingers in a table saw (Bellinger v Kram). The Bellinger decision paved the way for other cases against state employees whose grossly negligent conduct results in injury or death. While Colella gained has local and national attention for his civil rights work, he maintains his personal injury trial practice that includes a wide array of practice areas: automobile, truck and motorcycle accidents; insurance disputes; general negligence; premises liability; sexual harassment and assault; employment discrimination and wrongful death. Colella has served as a member of the Executive Board of the Michigan Association for Justice (formerly known as the Michigan Trial Lawyers Association) and is a member of the State Bar of Michigan, the Oakland County Bar Association, the Detroit Bar Association, and the American Bar Association. He is certified as a mediator and regularly serves as a Case Evaluator for the Oakland County Circuit Court Case Management Office. He received a Juris Doctorate degree from the University of Detroit Mercy School of Law and a Bachelor of Arts degree in psychology from Michigan State University. About Moss & Colella Established in 1997, Moss & Colella represents the victims of personal injury, civil rights violations, discrimination, medical malpractice, and wrongful death. The firm is recognized as a leader in complex tort litigation, including excess and deadly force, jail death, sexual abuse and harassment, auto and truck accidents, motorcycle accidents and other serious injury and wrongful death claims. If you or a loved one is searching for a Michigan truck accident lawyer, Michigan motorcycle accident lawyer, or a Michigan medical malpractice attorney, look no further than our firm. To learn more about the firm and its diverse areas of practice, visit www.mosscolella.com. The post A. Vince Colella named to Michigan Lawyers Weekly prestigious Leaders in the Law appeared first on The Moss And Colella Law Firm. from https://www.mosscolella.com/a-vince-colella-named-to-michigan-lawyers-weekly-prestigious-leaders-in-the-law/
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Attorney Melanie J. Duda joins Moss & ColellaMedia contact: Barbara Fornasiero, EAFocus Communications, 248.260.8466; [email protected] Southfield, Mich. -- March 25, 2019 -- Moss & Colella, P.C., a Southfield, Michigan-based civil rights and personal injury law firm, announces that Melanie J. Duda has joined the firm as an associate attorney. The announcement was made by Managing Partner, A. Vince Colella. Immediately prior to joining Moss & Colella, Duda was an attorney with Fieger, Fieger, Kenney & Harrington, where she litigated cases involving civil rights, sexual assault, medical malpractice, and negligence. She also operated her own law firm, the Law Office of Melanie J. Duda, PLLC, for two years, where she worked on criminal defense, family law, and real estate matters. During law school, she was a law clerk at Giarmarco, Mullins & Horton, P.C. Duda received a Juris Doctorate from the University of Detroit Mercy School of Law in 2012. She was a member of the University of Detroit Mercy Law Review and served as a Symposium Editor. She holds a Master of Arts degree and a Bachelor of Arts degree in Anthropology, both from Wayne State University. A student-athlete, Duda was team captain of the Wayne State University Women’s Fencing Team in 2002-2003. At Moss & Colella, Duda will focus her legal practice on litigation involving first and third party auto law, negligence, medical malpractice, civil rights, discrimination, gross negligence, and governmental immunity cases. Duda is a member of the State Bar of Michigan and admitted to practice before the U.S. District Court for the Eastern District of Michigan. She is active in professional and civic activities and is a member of the Women Lawyers Association of Michigan. In her spare time, she enjoys running and kayaking, as well as spending time with family. About Moss & Colella Established in 1997, Moss & Colella represents the victims of personal injury, civil rights violations, discrimination, medical malpractice, and wrongful death. The firm is recognized as a leader in complex tort litigation, including excess and deadly force, jail death, sexual abuse and harassment, auto and truck accidents, motorcycle accidents and other serious injury and wrongful death claims. If you or a loved one is searching for a Michigan truck accident lawyer or a Job discrimination lawyer in Michigan, no further. To learn more about the firm and its diverse areas of practice, visit www.mosscolella.com. The post Attorney Melanie J. Duda joins Moss & Colella appeared first on The Moss And Colella Law Firm. from https://www.mosscolella.com/attorney-melanie-j-duda-joins-moss-colella/ Southfield attorney files $10 million wrongful death lawsuit on behalf of the family of Theoddeus GrayInvestigative materials gathered by the law firm of Moss & Colella paint a very different picture of the fatal shooting of Gray on Nov. 4 than that presented by the Macomb County Sheriff’s Department; evidence suggests that the St. Clair Shores canine, “Axe” was killed by his own officers Media contact: Barbara Fornasiero, EAFocus Communications, 248.260.8466; [email protected] Southfield, Mich. -- February 7, 2019 — A. Vince Colella, a civil rights and personal injury attorney with Southfield-based Moss & Colella, P.C., today announced that a $10 million lawsuit has been filed on behalf of the family of Theoddeus Gray against the St. Clair Shores Police, the City of St. Clair Shores and the five police officers involved in Gray’s shooting death on November 4, 2018. St. Clair Shores police said at the time that Gray was shot because he produced a gun and killed a department K-9 police officer, Axe. Since then, the Macomb County Sherriff’s office has presented investigation materials pursuant to an FOIA request by the law firm that suggests Axe was killed by his own officers. The family’s lawsuit also alleges that Gray had surrendered to police and was unarmed at the time he suffered the fatal gunshot wound. The lawsuit comes after the family hired Moss & Colella last November to conduct its own independent investigation into the death of Gray, 29, who was shot six times in a firestorm of 48 rounds fired by the officers. Despite the assurance of a “very serious, complete and thorough investigation, designed to recover all evidence and speak to all witnesses,” there are glaring omissions, Colella said. “The abbreviated three-week investigation was woefully inadequate to fully investigate the murder of this young man,” Colella said. “Through this lawsuit, it will become clear that investigators failed to collect evidence, obtain witness statements, and in some cases, disregarded critical information, resulting in the officers avoiding criminal responsibility.” Colella noted several disturbing discrepancies between what he obtained from the Macomb County Sheriffs’ Department and what was presented at its press conference on November 28, 2018. Colella confirmed that none of the officers directly involved in the shooting gave statements to the Sheriffs’ department. However, at the press conference, the St. Clair Shores Chief of Police said that he planned to “debrief the officers now that the case was concluded, and the officers were cleared of any wrongdoing.” “This makes no sense. These officers are suspects in a homicide case; therefore, they should have been made to either give their statements or formally exercise their 5th amendment right against self-incrimination,” Colella said. Colella also found it troubling that the results of the necropsy performed on Axe were not fully disclosed or explained to the public. “It seems highly unlikely that the Chief would not have seen Axe’s necropsy report, as he said. It’s a key piece of forensic evidence in the case, showing that the bullet trajectory makes it impossible for Gray to have killed the dog,” Colella said. “Also perplexing is the fact that the public has never been told of the results of the forensic testing performed on the bullet fragment recovered from Axe’s body.” Colella said that in the vast majority of fatal shooting cases by police officers, criminal charges are not filed. Thus, families are left with only finding justice through civil lawsuits. “Litigation will shed light on these and numerous other troubling issues, and the public will know the truth as we show that the killing of Theoddeus Gray was unjustified, unconscionable and in blatant violation of his civil rights,” Colella said. About Moss & Colella Established in 1997, Moss & Colella represents the victims of personal injury, civil rights violations, discrimination, medical malpractice, and wrongful death. The firm is recognized as a leader in complex tort litigation, including Michigan police misconduct, excess and deadly force, jail death, sexual abuse and harassment, auto and truck accidents, motorcycle accidents and other serious injury and wrongful death claims. If you or a loved one are searching for a police brutality lawyer in Michigan, look no further. To learn more about the firm and its diverse areas of practice, visit www.mosscolella.com. The post Southfield attorney files $10 million wrongful death lawsuit on behalf of the family of Theoddeus Gray appeared first on The Moss And Colella Law Firm. from https://www.mosscolella.com/southfield-attorney-files-10-million-wrongful-death-lawsuit-on-behalf-of-the-family-of-theoddeus-gray/ Moss & Colella announces victory in Court of Appeals decision on complex no-fault motorcycle accident case Court finds “no error” in attorney remarks to jury Media contact: Barbara Fornasiero, EAFocus Communications, 248.260.8466; [email protected] Southfield, Mich. -- January 3, 2019 — David M. Moss, founding partner of Southfield-based civil rights and personal injury law firm Moss & Colella, P.C., announced victory following a December 27, 2018 Michigan Court of Appeals decision in Frank Wojcik v AAA. This is the second victory in the complicated case, where David Moss and Moss & Colella associate attorney Ryan Piekarski previously won a jury trial. Background: This is a claim for Personal Injury Protection (“PIP”) benefits under the Michigan No-Fault Act. At 10:00 p.m. on July 28, 2013, Plaintiff Frank Wojcik and his girlfriend and passenger Tiffany Clarke, sustained injuries in a motorcycle accident while traveling northbound on a two-lane roadway in rural Bay County. Wojcik suffered a closed head injury and had no memory of the accident. Clarke testified that just prior to Wojcik losing control, a vehicle approached from behind, passed the bike, and re-entered the lane in front of them, causing Wojcik to lose control, fishtail and flip the bike. According to Defendant AAA, Wojcik lost control of the motorcycle while entering a left-hand curve immediately prior to the intersection, and then the motorcycle ran off the right side of the road and crashed into a ditch. Defendant AAA further contended that alcohol may have been a factor. More importantly, AAA argued that “this was a single motorcycle accident with no other vehicle ‘involvement.'” The only “eye-witness” that had seen “headlights” for a split second before the crash admitted that a cornfield obscured his view of the straight part of the road. The witness testified “…[Wojcik] didn’t even come close to making the corner, just went straight” (suggesting that Wojcik was unable to control his bike as he entered the curve in the road). Motor vehicle involvement ultimately became the centerpiece of the trial and the issues presented for appeal. A Michigan State Trooper arrived on scene and briefly interviewed both the eyewitness and Clarke. Three days later, the trooper interviewed Clarke again. During the interview, Clarke failed to mention another motor vehicle was involved in the accident. Later, she swore in an affidavit that “[a] car rapidly pulled up behind Frank’s motorcycle and then attempted to pass us by pulling around to our left. The car cut back in front of us causing [Wojcik] to brake to avoid contact, which resulted in [him] sliding on the gravel and losing control of the motorcycle.” Approximately two months later, Clarke submitted a claim for no-fault PIP benefits, alleging it was the other vehicle that caused Wojcik to lose control. The claim was promptly denied by AAA, prompting Clarke and Wojcik to file their lawsuits. Contemporaneously in a separate filing, Clarke filed a negligence lawsuit against Wojcik, claiming that his actions and omissions caused the accident resulting in her injuries. While the two cases were still separate, Wojcik filed a motion for summary disposition in his case on the issue of motor vehicle involvement, relying on Clarke’s affidavit and contending that no other evidence effectively countered it. The trial court granted the motion, but on Defendant’s interlocutory appeal, the Court of Appeals reversed, concluding that “Clarke’s credibility, in this case, is crucial to determining whether a motor vehicle was involved.” The case was remanded for trial and the jury ultimately rendered a verdict in favor of the plaintiffs. Damages for no-fault PIP benefits and penalty interest were awarded and separate judgments for Clarke and Wojcik were entered pursuant to the verdict. The Court of Appeal Findings: Following trial, AAA filed an appeal, arguing that the trial court erred (1) in precluding defense counsel from impeaching Clarke with the allegations she made against Wojcik in her third-party lawsuit, and (2) allowing plaintiff’s counsel to argue that “mere” evidence of motor vehicle involvement was sufficient to entitle the injured motorcyclist to collect no-fault benefits. The Court of Appeals rejected both arguments. With respect to AAA’s claim that it was wrongfully denied an opportunity to introduce Clarke’s complaint, the court held, “[w]hile defendant claims that the exclusion of evidence regarding Clarke’s legal claims against Wojcik hindered its ability to challenge Clarke’s credibility, particularly with regard to whether an SUV caused the accident giving rise to these appeals, a thorough review of the record, particularly defense counsel’s cross-examination of Clarke, belies the claim.” As for AAA’s claim of “egregious” conduct on the part of Plaintiff’s counsel in suggesting a different standard of proof than that allowed by law, the Court found that the jury was instructed properly on the law. “Jurors are presumed to follow instructions and defendant is therefore hard-pressed to assert that it was prejudiced by any alleged errors or that the alleged errors impacted the outcome of the jury’s verdict.” Moss & Colella responds: David M. Moss, counsel for Wocjik, said the key to the trial victory was witness preparation. “We always knew the case would rise or fall on the testimony of Clarke; therefore, we had to make certain that she was thoroughly prepared for a rigorous cross exam,” Moss said. “While establishing Clarke’s credibility was important, exposing the inexperience of the trooper and the inability of the eye-witness to have actually seen the accident were equally as influential.” Ryan Piekarski argued the case before the Court of Appeals. “From the start, the panel was troubled by AAA’s inability to cross-examine Clarke on the allegations in her negligence case; however, I was able to point to numerous places in the record where the defense had the opportunity to challenge her credibility before the jury,” Piekarski said. “Having a precise recollection of the record, in addition to being able to quickly cite to the legal standards and precedent, were crucial to flipping the panel.” About Moss & Colella Established in 1997, Moss & Colella represents the victims of personal injury, civil rights violations, discrimination, medical malpractice, and wrongful death. If you or a loved one is searching for a Michigan police brutality lawyer or a Michigan truck accident lawyer, look no further. The firm is recognized as a leader in complex tort litigation, including excess and deadly force, jail death, sexual abuse and harassment, auto and truck accidents, motorcycle accidents and other serious injury and wrongful death claims. To learn more about the firm and its diverse areas of practice, visit www.mosscolella.com. The post Moss & Colella announces victory in Court of Appeals decision on complex no-fault motorcycle accident case appeared first on The Moss And Colella Law Firm. from https://www.mosscolella.com/moss-colella-announces-victory-in-court-of-appeals-decision-on-complex-no-fault-motorcycle-accident-case/ Southfield attorney files multi-million dollar lawsuit on behalf of family of Cody Reynolds11/26/2018 Southfield attorney files multi-million dollar lawsuit on behalf of family of Cody Reynolds; young man was shot and killed by Royal Oak Police Officer on May 14, 2018 “Prosecutor’s report doesn’t explain gunshots in the back” Media contact: Barbara Fornasiero, EAFocus Communications, 248.260.8466; [email protected]; A. Vince Colella, Moss & Colella; 248.945.0100 Southfield, Mich. -- November 26, 2018 — A. Vince Colella, a civil rights and personal injury attorney with Southfield-based Moss & Colella, P.C., filed a multi-million dollar wrongful death lawsuit today against the City of Royal Oak on behalf of the family of Cody Reynolds, a 20-year-old, unarmed male shot and killed by a Royal Oak police officer on May 14, 2018 following a domestic dispute call to the Reynolds’ family home. In an investigation by the Oakland County Prosecutor’s office, Police Officer Ryan Addis was cleared of any wrongdoing, concluding that Reynolds “posed a deadly threat.” Colella said the Reynolds family is devastated by the loss of their son and in disbelief as to how a call for help following a dispute at their home led to the fatal shooting within seconds of the officer’s arrival. “It is simply inconceivable that an unarmed young man can be gunned down by police without criminal prosecution,” Colella said. On August 16, 2018, the Oakland County Prosecutor released a 10-page report clearing the officer of any wrongdoing. Colella, however, says the most salient and troublesome fact of Reynold’s death was neither discussed or explained in the report. “What is particularly disturbing about this case is that the medical examiner determined the first bullet that struck Cody Reynolds in the upper left chest (shoulder) area was non-fatal; three other bullet wounds were found in his back. Why? The report does not explain this use of excessive and deadly force.” Colella has represented the families of lost loved ones in several high-profile police shooting incidents involving unarmed civilians, including the family of Janet Wilson, who was shot and killed by a Dearborn police officer in January of 2016 in her car following a verbal altercation with Fairlane mall security. As with Janet Wilson’s death, where the officer was not charged, Colella views Cody Reynolds’ death as a pattern in these types of police shooting cases. “Given the serial unwillingness to bring charges against police officers in deadly force cases, I was discouraged, but not surprised by the Prosecutor’s decision,” Colella said. “The criminal system has failed the Reynolds’ family, like so many others; therefore, they are left with no alternative but to seek civil justice.” About Moss & Colella Established in 1997, Moss & Colella represents the victims of personal injury, civil rights violations, discrimination, medical malpractice, and wrongful death. If you are searching for a Michigan snowmobile accident lawyer or a Michigan truck accident lawyer, look no further. The firm is recognized as a leader in complex tort litigation, including excess and deadly force, jail death, sexual abuse and harassment, auto and truck accidents, motorcycle accidents and other serious injury and wrongful death claims. To learn more about the firm and its diverse areas of practice, visit www.mosscolella.com. The post Southfield attorney files multi-million dollar lawsuit on behalf of family of Cody Reynolds appeared first on The Moss And Colella Law Firm. from https://www.mosscolella.com/southfield-attorney-files-multi-million-dollar-lawsuit-on-behalf-of-family-of-cody-reynolds/ Moss & Collela law firm hired by family of Theoddeus Gray, who was shot and killed by a St. Clair Shores police officer Nov. 4 FOIA requests have gone unanswered Media contact: Barbara Fornasiero, EAFocus Communications, 248.260.8466; [email protected] Southfield, Mich. -- November 19, 2018 — A. Vince Colella, a civil rights and personal injury attorney with Southfield-based Moss & Colella, P.C., announced that the family of Theoddeus Gray has retained the firm to investigate his death on November 4, 2018. Gray, 29, was shot and killed by a St. Clair Shores police officer responding to a call regarding a man with a gun. St. Clair Shores police say Gray was shot after he produced a weapon and shot and killed a department K-9 police officer, Axe. “The family has serious concerns about the spurious account of events given to the media by the St. Clair Shores Police Department,” Colella said. “A FOIA request has been submitted to both the St. Clair Shores Police Department and the Macomb County Sheriff’s Office; however, neither agency has responded to our requests.” Colella continued that his firm will conduct its own independent investigation into the death of Gray, but is eager to receive information from the agencies involved. “The Gray family finds it curious that police have failed to identify a weapon found on the person of Mr. Gray, and that the results of the autopsy performed on the dog have been kept from the public,” Colella said. “We look forward to complete disclosure of the facts surrounding Mr. Gray’s tragic death and full transparency on the part of the sheriff’s department.” About Moss & Colella Established in 1997, Moss & Colella represents the victims of personal injury, civil rights violations, discrimination, medical malpractice, and wrongful death. The firm is recognized as a leader in complex tort litigation, including excess and deadly force, jail death, sexual abuse and harassment, auto and truck accidents, motorcycle accidents and other serious injury and wrongful death claims. To learn more about the firm and its diverse areas of practice, visit www.mosscolella.com. The post Moss & Collela law firm hired by family of Theoddeus Gray, who was shot and killed by a St. Clair Shores police officer Nov. 4 appeared first on The Moss And Colella Law Firm. from https://www.mosscolella.com/moss-collela-law-firm-hired-by-family-of-theoddeus-gray-who-was-shot-and-killed-by-a-st-clair-shores-police-officer-nov-4/ |
About UsThe attorneys of Moss & Colella have chosen their career path to fight for those who have been victimized by insurance companies, large corporations and government entities. ArchivesNo Archives Categories |