Richard Bandstra

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Richard A. Bandstra
Michigan Third District Court of Appeals Judge
Assumed office
1994
Former Michigan State Representative
Political partyRepublican


Richard A. Bandstra was a judge on the Michigan Third District Court of Appeals. He was elected to the Court in 1994 and served as Chief Judge of the Court from 1998 to 2001. His term would have ended on January 1, 2015, but he announced his retirement, which came into effect on January 8, 2011.[1][2]

Education

Judge Bandstra received his bachelor's degree from Calvin College and his master's and law degrees from the University of Chicago.[2]

Career

Before he became a judge, he was a member of the Michigan State House of Representatives and an attorney in private practice with the law firm Warner, Norcross and Judd.[2]

Political affiliation and campaign contributions

Republican.

Court rules upholds liability law

Even if parents signed a waiver to not hold schools, churches, summer camps and other businesses that provide recreational services to children responsible for a child's injury, the Michigan Court of Appeals ruled in a unanimous decision that these services can still be held liable. Based on Michigan law, the court determined that a pre-injury waiver would be worthless if a child were hurt and the parents wanted to sue. According to the Detroit Free Press, those offering recreational services believe the ruling will likely increase insurance rates. "The court acknowledges the decision could make it tougher to do business. While this ruling has significant and far-reaching implications regarding ... organizations and businesses providing valuable services and activities for minor children, and has the potential to increase litigation and impact the availability of programs to younger members of the community, we have no alternative but to recognize the current status of our law and follow its precepts," the three-member panel ruled. The decision, by Judges Richard Bandstra, Michael Talbot and Bill Schuette said, "The decision in this case is important because it serves as an affirmation of the priority we place on the protection of the health and well-being of our children" the court noted.[3]

Court: Lansing can be held liable

The Court of Appeals has affirmed Circuit Court Judge Beverley Nettles-Nickerson's decision to have the City of Lansing stand trial in civil court. Two girls under the age of 14 were struck by a car after walking down the street because the sidewalk was inaccessible due to "an accumulation of snow and ice resulting from the city's snowplowying of the street." Judges Richard Bandstra, William Whitbeck, and Bill Schuette ruled that governmental immunity does not apply in this case. According to Lansing City Pulse, "The appeals court ruled that the buildup of snow and ice on the day of the accident was unnatural and therefore left the city open to a lawsuit." In his written ruling, Judge Bandstra said, “The city may be liable for creating a new element of danger and an obstacle to travel on the sidewalk as a result of its snowplowing activity.”[4]

Matrimony overrides paternity

According to state paternity law, based on Lord Mansfield's Rule, a child born into a marriage is a product of said marriage. The Michigan Court of Appeals upheld a lower court's decision to uphold that law, and was signed by Judges Richard Bandstra, Michael Smolenski, and Henry Saad. Two years after his biological son's birth, Bill Numerick, Jr. had not seen his son. The reason: early in his girlfriend's pregnancy, she ended the relationship and married another man. The courts maintained the law as it is believed that "a child is best born to a married mother and father. Such a presumption helps protect the sanctity of marriage."[5]

See also

External links

Footnotes