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Note from Livingston Daily: Denny McLain and his attorney, Barry Powers, issued this press release in

response to the Livingston Daily's request for comment regarding a recent hearing in a civil lawsuit in
Livingston County. The letters and photographs were emailed separately, but combined here for
convenience.
TIGER GREAT MCLAIN WANTS DAY IN COURT
To interview Denny McLain or Barry Powers, contact Barry Powers: <redacted number>
Just days out of the hospital from the second of two foot surgeries in the last two months, Denny McLain
has emerged from the recovery room to react to two decisions in his pending lawsuit, one from a
Livingston County jury, and another from Livingston Circuit Court Judge Theresa Brennan.
I have not yet gotten my day in court, said McLain, who was unable to attend the jury trial on July 15,
2015 because of a traumatic injury two months ago. That injury made him both physically and mentally
unable to be present and help his lawyer at that trial.
McLain was the victim of a horrific accident in Clarkston, Michigan, on
May 29, 2015. Most of the bones in his left foot were crushed when a
load of railroad ties fell on it. He has been suffering severely ever since.
His doctors have prescribed pain medication and muscle relaxants. His
pain and the effects from the medication keep him from making major
financial and other important decisions until he fully recovers.
I just cant understand how, in our judicial system, the Court could
assume I was well enough to attend the trial when my doctors told me I
couldnt, and where we gave not one but two letters from the doctor that
said so, said the MLB Most Valuable Player and two-time Cy Young
Award winner.

Attorney Barry Powers said


this is a photo of Denny
McLains leg showing the
injury he suffered when
railroad ties fell on him.

McLain was hospitalized twice since the accident, underwent extensive


surgery on June 3, 2015 at Royal Oak Beaumont Hospital. After he was
released to go home, he developed complications including an infection
and inordinate pain. Eventually, he was required to undergo yet a second
surgery to reverse the first surgery. I now have two monster screws in
my foot, McLain reported. McLain also reports additional complications
he noticed just yesterday; now he is suffering from blood flowing from
his toes, which continues to cause his physicians concern. I have not
been able to walk anywhere at anytime and anyplace since May 29th.
And I am willing to swear to this in open court when and how I can.

At the same time, to protect his right to his day in court, McLain had his
lawyer bring a motion to adjourn the trial until McLains condition
improved. After Judge Brennan denied the first, he brought a second,
renewed motion, with updated medical information to back it. With each
motion, his lawyer submitted a letter from McLains surgeon, Paul Fortin, M.D. of Royal Oak, Mich., that
were relayed from McLain. Judge Brennan discredited both letters because they were undated; she also
said she was suspicious McLain made the letters up. His lawyer then asked for permission to present
McLains testimony via deposition, which Judge Brennan also turned down.
McLain, 71, now of Howell in Livingston County, Mich., was the last Major League pitcher to win more
than 30 games a feat most experts think will never again be matched in the big leagues.

Before McLain, the last 30-game winner was Dizzy Dean of the Cardinals in 1934. The last time anyone
won more games than McLain was in 1902, when Cy Young won 32 games for the Boston Americans.
Between Dean and McLain, only one player came close to winning 30 games --- Tiger lefthander Hal
Newhouser, in 1944, when he won 29.
Lawyer Barry Powers, of Cranbrook Law Group in Bloomfield Hills, said McLain has authorized him to
protect his rights "at whatever cost necessary" through aggressive prosecution. "We're not going to kid
around," Powers said. "This is not how it is supposed to go."

TIGER GREAT MCLAIN WANTS DAY IN COURT

PART TWO

To interview Denny McLain or Barry Powers, contact Barry Powers: <redacted number>
CONTINUED
Lawyer Barry Powers, of Cranbrook Law Group in Bloomfield Hills, said McLain has authorized him to
protect his rights "at whatever cost necessary" through aggressive prosecution. "We're not going to kid
around," Powers said. "This is not how it is supposed to go."
Until now, McLain has not been well enough even to appreciate the import of these decisions and to react
publicly to calls from reporters. Now, though still suffering, he vows to work hard to get the day in court the
way he is supposed to a day he believes he has not yet had. A day he and his lawyer say he deserves.
On McLains behalf, Powers filed objections to the motion of the opposing party, Joe Dobson, for attorney
fees as premature. While Dobson and his attorney assert Dobson is entitled to such fees as the
prevailing party, no judgment had yet been entered, Powers pointed out. Consequently, Powers argued,
both in his court papers and at oral argument before Judge Brennan, no request could yet be filed. That
is important, according to Powers, because a party has until three weeks after the entry of judgment to file
a motion for a new trial, a motion for reconsideration, or a motion to have Judge Brennan set aside the
verdict in Dobsons favor. It remains to be seen, ultimately, who the prevailing party will be, said
Powers. That is why motions for court costs are to be delayed and not acted upon by the Court until after
21 days from the judgment. Because McLain was not at the trial, Dobson was able to say anything he
could, unchecked by McLains presence. McLain disputes much of that testimony, and he believes the
jury is entitled to hear all of the evidence before having to judge and render a decision over it. I know that
after a trial where both sides come out, not just one, the jury will see it a different way, said McLain on
Wednesday.
Because the motion was premature, it should be stricken out of hand and not even addressed yet,
Powers argued. Judge Brennan overruled Powerss objection to the motion, entered the judgment
Dobson proposed (over Powerss objection) and directed the lawyers to argue the motion for attorney
fees. She also ordered an immediate evidentiary hearing on fees, which she conducted that day and well
into the evening hours, 21 days before the 21-day period expired.
Judge Brennan opened the court session by volunteering that her husband and many others had seen
McLain walking around downtown Brighton on July 11th, just four days before trial.
McLain denied it, and Powers relayed his denial to Judge Brennan. Of course its not true. I have not
taken one step since the day of the accident, not one step, said McLain.
In response to Judge Brennans statements about the McLains walking and confirming with McLain that
the statements were untrue, Powers immediately moved to have Judge Brennan disqualify herself for the
appearance of impropriety and bias. Judge Brennan not only refused to disqualify herself, she also
refused to refer the issue to Chief Judge David Reader. According to Powers, the rule requires, on

request, that the challenged judge refer the motion to the chief judge on request. We made that request.
That should have stopped the hearing then and there.
The lawyers proceeded with the evidentiary hearing through the afternoon and into the evening, with both
Dobsons lawyer, Don Neville, and Powers having to take the stand to give testimony. The tension
between Judge Brennan and Powers was apparent, with Judge Brennan expressing frustration with
Powers for not fixing it, and with Powers expression frustration with being stifled from explaining how
and why the parties were forced to try the case the way they did not because of any animosity between
the parties or even between their lawyers, who, Powers assured Judge Brennan, were cordial to each
other throughout the case. Unfortunately, we had to move forward on the case with hyperactive judicial
intervention from the Court, with Judge Brennan habitually raising issues about the things the parties had
already agreed with finality were not issues at all, said Powers, a former member of the State Bar of
Michigans Committee on Professional and Judicial Ethics, and a litigator of 28 years.
McLain, though still optimistic about his chances in the lawsuit, is pessimistic about a full recovery. My
doctors said if I can ever walk on the left foot again, it will never be the same, and I may always have a
limp.

#
End

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