Attorneys James F. Graves and Stephen H. Sinas of the Sinas Dramis Law Firm receive national attention after bringing about a major victory for a Dewitt homeowner – effectively strengthening the property rights of homeowners throughout Michigan and across the country.

Approximately one year after cancelling all fuel-oil service to her house, a Dewitt woman was forced out of her home of over 30 years after High Pointe Oil misdelivered 396 gallons of fuel to her home, flooding the entire basement with fuel oil. As a result, the home had to be completely torn down, the area around the home had to be significantly decontaminated, and the home had to be rebuilt – a process which took approximately two years to complete.

 

During the two years that it took to clean up the site and rebuild the home, the woman was continually displaced. At first, she moved into her parents’ spare bedroom, which was half filled with antiques, and she often found herself sleeping on the couch. Eventually, she moved into a duplex apartment.

 

High Pointe ultimately refused to take responsibility for the incident. Consequently, the woman was forced into court in order to seek recovery. At trial, High Pointe’s fault was clearly established; however, it continually refused to acknowledge any damages beyond the replacement cost of the physical structure itself. In doing so, it refused to compensate the woman for the emotional trauma, stress, and sadness of losing the home she had lived in since 1975.

 

At trial, the woman was awarded $100,000 by a Clinton County jury for the additional harm of losing her home and being continually displaced. However, High Pointe again attempted to avoid responsibility for these damages by appealing the verdict to the Michigan Court of Appeals – arguing essentially that it did not owe her anything for what it had put her through or for the depression that it had caused her. Instead, High Pointe insisted, it should only be obligated to rebuild the actual house – nothing more. Recognizing that a home is more than just a house, the Court of Appeals panel disagreed with High Pointe and found unanimously in the woman’s favor, upholding the $100,000 verdict.

 

This case is a major victory not only for the woman who lost her home, but for all homeowners alike throughout the state of Michigan. As attorney James F. Graves explained, “the outcome of this case tremendously strengthens the individual property rights of all Michigan homeowners because it recognizes the significant social value that our society places on homeownership, which is different from the value associated with mere personal possessions.” And as attorney Stephen H. Sinas explained, “this is the first time that this type of case was decided in Michigan; therefore, unless it is overturned by the Michigan Supreme Court, it will have the effect of assuring that all Michigan homeowners are similarly protected against such wrongdoing.”

 

Additionally, just as this case will have a tremendous impact for Michigan homeowners, it may further have a positive effect on the law in other states as well. This case was decided on August 25, 2011, and it is already receiving national attention. Notably, the Associated Press picked up the woman’s story and the outcome of this case, and it has been reported by various local and national news outlets, including The Chicago Tribune, The Detroit News, CBS Detroit, The Lansing State Journal, and many others.

 

To read the full opinion from the Michigan Court of Appeals CLICK HERE, or click on any of the links below to view further discussion about the case:

 

The Associated Press

http://hosted.ap.org/dynamic/stories/M/MI_OIL_IN_BASEMENT_MIOL-?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT

 

The Chicago Tribune

http://www.chicagotribune.com/news/local/chi-ap-mi-oilinbasement,0,158976.story

 

The Detroit News

http://hosted.ap.org/dynamic/stories/M/MI_OIL_IN_BASEMENT_MIOL-?SITE=MIDTN&SECTION=HOME&TEMPLATE=DEFAULT

 

The Lansing State Journal

http://www.lansingstatejournal.com/article/20110826/NEWS01/308260009/Court-backs-verdict-Clinton-County-home-lost-due-oil-case

 

CBS Detroit

http://detroit.cbslocal.com/2011/08/27/court-backs-verdict-in-home-lost-due-to-oil-mess/

 

The Oakland Press

http://www.theoaklandpress.com/articles/2011/08/26/news/ cops_and_courts/
doc4e57cacc187aa670227844.txt

 

Other Local & National News

http://www.syracuse.com/newsflash/index.ssf/story/court-backs-verdict-in-home-lost-due/eb1efbc710ab46c18ff38f7bea631946

 

http://www.topix.com/county/clinton-mi/2011/08/court-backs-verdict-in-home-lost-due-to-oil-case

 

http://www.wnem.com/story/15339588/court-backs-verdict-in-home-lost-due-to-oil-case

 

http://www.insurancejournal.com/news/midwest/2011/08/29/212726.htm

 

http://www.abc12.com/story/15339588/court-backs-verdict-in-home-lost-due-to-oil-case

 

http://www.vcstar.com/news/2011/aug/26/court-backs-verdict-in-home-lost-due-to-oil-case/

 

http://www.claimsjournal.com/news/midwest/2011/08/29/190302.htm

 

http://michrealty.com/court-backs-verdict-in-home-lost-due-to-oil-mess

 

http://hosted2.ap.org/GAROM/Rntcommarketpage/Article_2011-08-26/id-e04514f13e734ea4b806a56cced25314

 

http://www.chron.com/news/article/Court-backs-verdict-in-home-lost-due-to-oil-mess-2142851.php

 

http://www.9and10news.com/Category/Story/?id=301009&cID=2

 

http://www.heatingoil.com/blog/heating-oil-customer-awarded-100k-in-spill-damages-0829/

 

http://www.mysanantonio.com/news/article/Court-backs-verdict-in-home-lost-due-to-oil-mess-2142851.php

 

http://www.oregonlive.com/newsflash/index.ssf/story/court-backs-verdict-in-home-lost-due/eb1efbc710ab46c18ff38f7bea631946

 

http://www.dailyamerican.com/news/local/chi-ap-mi-oilinbasement,0,4080828.story

 

 

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