SAMANTHA N. BOYDis an Associate Attorney with Vandeveer Garzia. She specializes in the areas of first and third-party auto negligence, premises liability, and general negligence litigation. While attending law school, she was an Executive Director for the Moot Court Board of Advocates and a Title Editor for UDM’s Law Review. During her time with the Board of Advocates, Samantha represented her school at the New York City Bar Association’s National Moot Court Competition in Cincinnati, Ohio. Samantha received several awards and honors during law school, became a member of the National Order of Barristers and received a Book Award for the highest grade in torts.
Michigan State University, B. A., Political Science/Pre-Law, 2011
University of Detroit Mercy School of Law, J.D. 2015
State Bar of Michigan 2015
United States District Court, Eastern District of Michigan 2018
State Bar of Michigan
Oakland County Bar Association
Women Lawyers Association of Michigan
Adam Gordon and Samantha Boyd win a dismissal of lawsuit
Adam Gordon and Samantha Boyd obtained a dismissal of Plaintiff’s negligence claims against Defendant in the Jackson County Circuit Court. Plaintiff claimed that she was injured in a public restroom where the lid of the toilet paper dispenser fell open and struck her head and alleged that Defendant, a commercial janitorial service provider, was negligent as a result. The Motion for Summary Disposition sought to dismiss Plaintiff’s claims on the basis that Defendant’s employees had not been on site for approximately 15 hours prior to Plaintiff’s alleged injury and accordingly Defendant owed no duty to Plaintiff. Further, counsel used Plaintiff’s own deposition testimony to indicate that Plaintiff could not say how the condition was caused, how long it had been present, or who knew of the condition. Ultimately, Hon. Richard LaFlamme granted the Motion for Summary Disposition and dismissed Plaintiff’s claims against Defendant with prejudice.
Samantha Boyd and Anthony McEachern prevail on Appeal
Insight Anesthesia, PLLC, et al v Allstate Insurance Company
Samantha Boyd and Anthony McEachern represented Allstate Insurance Company on a First-Party provider suit, in a lawsuit pending in 67th District Court, Flint, MI. Plaintiff’s claims against Allstate purportedly arose from an alleged assignment that it obtained after filing the Complaint, and not from the services Plaintiff provided to Ms. Leinaar as alleged in the original Complaint. In addition, the Assignment at issue clearly stated that it was for medical benefits and could not be read to assign the right to payment in direct violation of MCL 500.3143. The purported assignment indicated that it was executed by Ms. Leinaar on July 7, 2015. Ms. Leinaar was provided with treatment by the Plaintiff on December 4, 2015 and March 18, 2016. As such, the Assignment was executed before the services were rendered making it invalid due to its incorporation of future dates of services.
A Motion for Summary Disposition was filed under Covenant which the District Court Judge denied. Allstate filed an Application for Leave to Appeal, which Circuit Court Judge Joseph Farah of Genesee County Circuit Court reviewed. Samantha Boyd’s exceptionally well-written Appeal paved the way for Circuit Court Judge Joseph Farah of Genesee County Circuit Court to reverse the Trial Court’s denial of Allstate’s Motion in lieu of granting leave to appeal. Judge Farah held that, “Insight has no enforceable claim against Allstate except stated as below.” Judge Farah went on to state “however Insight may maintain a cause of action if it has received an Enforcement Assignment from its patient Sally Leinaar.” He then remanded the case back to Judge Marabele in 67th District Court, Flint, Michigan to determine whether the assignment from Ms. Leinaar to Insight was a valid assignment.
Trial victory for Vandeveer Garzia attorneys
Deloney v Rishmawi
Peter O’Toole and Samantha Boyd obtained a no cause of action in a jury trial seeking automobile negligence damages. The trial was conducted at the Genesee County Circuit Court before Judge David J. Newblatt. This case arose out of a pedestrian versus motor vehicle accident that occurred on January 5, 2016, in Flint, Michigan. As a result of being struck by Defendant’s vehicle Plaintiff alleged to have sustained several injuries that were present since day of the accident. Plaintiff alleged that he sustained a permanent disfigurement to his lip and face due to cuts that resulted from being thrown to the ground. Additionally, Plaintiff claimed to have sustained in a closed head injury that resulted in memory loss and headaches in addition to injuries to his shoulder, knee, and lower back. During the course of the trial we were able to demonstrate that Plaintiff’s medical treatment and testimony from his own physicians failed to show that Plaintiff complained of the numerous injuries. During the cross-examination of the Plaintiff we were able to obtain testimony that showed Plaintiff had continued living his life as he was prior to the accident. A thorough examination of Plaintiff’s ability to continue in school and obtain several occupations following the accident demonstrated that Plaintiff was not entitled to damages. The trial lasted for three days and on May 23, 2018, the jury returned a verdict of no cause of action after a very short deliberation finding that Plaintiff did not sustain a serious impairment of an important body function or have a serious permanent disfigurement.
Tony McEachern and Samantha Boyd prevail on their Motion for Summary Disposition
Colonel Lee v Sandra Guiles v The Lange Agency, LLC
Tony McEachern and Samantha Boyd represented Third-Party Defendant, The Lange Agency, an Allstate Insurance Agency in a lawsuit pending in Genesee County. The Third-Party Plaintiff claimed that our client was negligent in failing to provide coverage for a vehicle that was involved in a motor vehicle accident. The Third-Party Plaintiff claimed that she had the vehicle taken out of storage and had instructed The Lange Agency to have the vehicle covered under a policy she alleged was still active. In discovery, we were able to proof that the Third-Party Plaintiff had placed the car in storage and never had it covered again under an Allstate policy. We obtained email communications, phone records, information on how customer communications were stored, as well as Affidavits from the agency employees that dealt with the Third-Party Plaintiff confirming she never had the car taken out of storage and in fact admitted in an email she was driving it without insurance.
Samantha Boyd prepared a Motion for Summary Disposition which was argued before Judge Judith Fullerton by Tony McEachern. At the motion hearing, Tony also argued that Plaintiff had violated the Michigan Court Rules by failing to file a proper Response in Opposition along with supportive affidavits under MCR 2.116 and 2.119. Judge Fullerton granted our Motion for Summary Disposition dismissing the claim against our client with prejudice.