GRAND RAPIDS, MI – QPWB Partner Berton May, with the assistance of Associate Lizabeth Hopkins, achieved a complete defense victory in a high-stakes wrongful death lawsuit stemming from a minor's overdose. The case resulted in a zero ($0) final award for the Plaintiff and was dismissed on the pleadings.

The Trial Court's ruling, which granted Summary Disposition to the Defendant, was affirmed by the Court of Appeals, and the Michigan Supreme Court subsequently denied the Plaintiff's application for leave to appeal, cementing the victory.

Overview of the Case

The claim involved the overdose death of a teenager (Plaintiff/Decedent) at his parents' home. The allegations were that the minor Defendant allegedly sold the Plaintiff a Percocet pill that unknowingly to both parties contained fentanyl. The families involved were neighbors and friends, and there was no insurance coverage for the claim, but a separate declaratory action against the carrier is pending. The lawsuit was filed against the minor Defendant and his parents, who were also named as defendants.

Key Difference-Makers

Berton May – Partner, Grand Rapids Hub
Lizabeth Hopkins – Associate, Merrillville Hub

Claims Made Against Our Client

The Plaintiff's complaint alleged that the minor Defendant sold a controlled substance (Percocet) to the minor Plaintiff, which led to his death. The complaint also named the Defendant's parents (healthcare professionals) as defendants, alleging they had a higher duty to supervise their son and control access to medications.

Defense Strategy

The defense was strategically concise and narrowly focused, designed to achieve the most cost-effective and immediate dismissal possible. The team employed an aggressive, proactive strategy by filing a Motion for Summary Disposition under MCR 2.116(C)(8) (failure to state a claim) immediately after answering the complaint and before any discovery took place. The motion was based entirely on the application of the Michigan Wrongful-Conduct Rule.

The core legal argument was that the Wrongful-Conduct Rule, as established in Orzel v Scott Drug Co. (1995), bars a civil claim if the plaintiff's cause of action is based on his or her own illegal conduct. Because the Plaintiff was engaged in illegal activity by purchasing the illicit controlled narcotic, and the Defendant was engaged in illegal activity by selling it, both parties stood in pari delicto (equally in the wrong), legally barring the claim.

This strategic approach prevented the case from entering expensive and protracted discovery, which would have involved significant costs for expert witnesses and conflicting factual disputes (a C(10) motion). By conceding the complaint's allegations were true for the purpose of the motion, the defense established the requisite causal nexus between the Plaintiff's illegal conduct (buying the drug) and the asserted damages (death), thereby triggering the Wrongful-Conduct Rule. The Trial Court agreed, stating that courts will not aid a plaintiff whose action is founded on his own illegal conduct. The successful defense of the dismissal through the Michigan Court of Appeals and the Michigan Supreme Court's denial of the application for leave to appeal solidified the complete victory.

Unique Aspect of this Case

The most effective element of this case was the aggressive, early, and pure legal application of the Wrongful-Conduct Rule on a motion to dismiss, which is an under-utilized yet powerful defense to bar claims founded on a plaintiff's own criminal conduct.

Predicting the Future

This complete victory reinforces QPWB's commitment to proactive, performance-driven litigation. It sets a strong precedent that an immediate, aggressive legal defense can be both highly successful and cost-effective, particularly in complex cases where the plaintiff's claim is rooted in an illegal act.

While the Motion for Summary Disposition and subsequent appeals naturally involved costs and fees, these expenditures were significantly less than those required for engaging in full discovery, expert involvement on a death case of this nature, or paying a large settlement to avoid litigation. This result underscores the financial benefit to clients of pursuing early summary dismissal when supported by clear legal precedent.

Key Actions in This Case

• C(8) Motion: Filed Summary Disposition based only on the pleadings to avoid costly discovery
• Wrongful-Conduct Rule: Successfully argued that the Plaintiff's claim was barred because his death arose from his own illegal conduct

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 54 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.