Friday, April 3, 2009

Poetry in Law

Here is an interesting case that, if you have not already come across, is an amusing read! It’s an actual case that the Honorable Judge Gillis decided to get creative with. Apparently West Law thought it was amusing and added their own stanzas about the case.

Fisher v. Lowe, 333 N.W.2d 67 (Mich. App. 1983).

A wayward Chevy struck a tree
whose owner sued defendants three.
He sued car's owner, driver too,
and insurer for what was his due.
For his oak tree that now may bear
a lasting need for tender care.
the Oakland County Circuit court,
John O' Brian, J., set forth
the judgment the defendants sought
and quickly an appeal was brought.

Court of appeals, J.H.Gillis, J.
Gave thought to this and had this to say:
1) There is no liability
since no-fault grants immunity;
2) No jurisdiction can be found
where process service is unsound;
and thus the judgment, as it's termed
is due to be and is


(West Law)
1. Automobiles Key # 251.13
Defendant's Chevy struck a tree-
there was no liability;
the No-Fault Act comes into play
as owner and the driver say.
barred by the act's immunity
no suit in tort will aid the tree.
Although the oak's in disarray
No court can make defendants pay.

2. Process Key # 4
No jurisdiction could be found
where process service was unsound;
In personam jurisdiction
was not even legal fiction.
Where plaintiff failed to well comply
with rules of court that did apply.

Summary of appeal court's opinion

J.H. Gillis, Judge
We thought that we would never see
a suit to compensate a tree.
A suit whose claim in tort is prest
upon a mangled tree's behest.
A tree whose battered trunk was prest
against a Chevy's crumpled crest.
A tree that faces each new day
with bark and limb in disarray.
A tree that may forever bear
a lasting need for tender care.
Flora lovers though we three,
we must uphold the court's decree.



Michael W. Huseman said...

Good stuff. I wish I had that much time on my hands.

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