argument started on school bus,four friends together one big mouth,other side two
friends one big mouth.Four friend followed  the two friends when they
got off at their
bus stop against school rules without prior permission. one friend on each side
decided to protect their big mouth friends who started the argument,
their was pushing and shoveing, the protector on the two friends side
push big mouth person
to the ground. The four friend protector got in the two friends
protector face and said [two different versions] what are you going to
do about it,this is not happening, while grabing arms got hit, but
claimed it was a sucker punch because some lady was yelling and he got
distracted. They started wrestling it was wet and a little snow on
ground ,four person protector landed two punches to the face.
Both boys decided to stop but in the process of wrestling four boy protector
chipped two lower teeth with contact from a knee.Four boys followed the two boys
there house wanting to fight but this involed the two big mouths,but
the dad was home and they left.The parent of the boy went to the
school threating to sue and then went to the police but nothing
happened.School investigated ,found fault on both sides and both were
suspended. Called parents,but decided not to call police because both
boys were consided the last ones to fight and their
was fault on both sides.Year and a half later the two person protector graduated.
That summer his father and mother and recent graduated was sued for
75,000, was asked to turn it over to Homeowners insurance.Allstate
provided a defense but they dragged out discovery phase, was
susucessful in the deck motion and pulled
their suport.Paid over 15.000 in lawyers fees and refused to settle.Plaintiffs
has dental insurance which they tried to hide.Have 40.00 out of pocket expenses
may need more work in future teeth havebeen bonded.Offered plaintiff
lawyer $700.00 because the beginning legal fees cost at least that.he
refused.Case evaluation 9-6-05.Filed for summary disposition for
parents acused of negligent
parenting which doesn't have a cap.Knowing full well they couldn't produce proof
for the judge,it looks like they thoughtI would not respond and let if go to case 
evaluation.Since then they ask for a motiom to amend to statute mcl 600.2913
that has a 2,500 cap.They clearly had a choice of picking either charge, will the 
judge let them amend ,clearly its a huge stretch to fit that statue to
this case.Plainiff lawyer is trying to paint his client as the inocent
peasemaker to fit the statue .So they are now asking 75,000 from my 19
year old son and 2,500 from parents for two
bottom chip teeth. Paying for two college students and I expect to
make less for the next few years.Don't expect plaintiffs lawyer to let
go could be relative.
Will know on monday whether Summary Disposition or motion to ammend
will be allowed. Sick in Michigan. Any ideas of outcome.

So... There was a complaint filed against your son for battery, and
against you for negligent parenting. Your son was a minor at the time
of the incident. Your insurance company defended, but prevailed in a
declaratory action on the basis of the language of the insurance
policy, probably on the basis that the insured's action fell under an
exclusion as intentional and/or criminal conduct. They prevailed in
the declaratory action and were released from the case. You have
proceeded with retained counsel, and filed for summary disposition on
the negligent parenting claim. They have conceded that they have no
viable negligent parenting claim, but have moved to amend as of right
to add a count of vicarious liability under MCL 600.2913, "A ...
person ... may recover damages in an amount not to exceed $2,500.00 in
a civil action in a court of competent jurisdiction against the
parents or parent of an unemancipated minor, living with his or her
parents or parent ... who has maliciously or wilfully caused bodily
harm or injury to a person." And you are wondering if they will be
permitted to amend?

Yes

If I were to roll the dice, I would bet "yes". The Michigan Court
Rules are quite permissive on amendment in this type of circumstance.

The ammend was allowed.My wife and I went up with the attorney in hopes she let us
give an opion but was ask to sit down before she heard the motion.The
Complaint now reads parents liability 2,500 statue 600.2913 and my 19
year old son is still
being sued for 75,000.My point if allowed to talk the the intent of the legislature
for the statue is being abused.Case evaluation is next.I feel my has
son no choise but
to go to court because he has no assets cannot afford an attorney, he's a college  
barley scapping by.If we dont accept case evaluation and go to court and lose you
pay their attorneys fees but you can't get out of a stone.Could
request the parents case to be heard in district court.The plaintiff
didnt see a dentist
until four days  after the fight.Any ideas, can I win the case.