First Party No-Fault and Uninsured Motorist Benefits

Court/Case No: Wayne County Circuit Court/16-006911-NF

Tried/Argued Before: Judge

Demand: $12,730.00 (total billing from this provider)

Verdict: $0 – Dismissal of all bills for treatment of Plaintiff at a chiropractic clinic

Name of Judge(s): Honorable Megan M. Brennan

Keys to the Case:

This motion’s success hinged upon proving that Plaintiff was solicited by a chiropractic doctor, and that the solicitation resulted in Plaintiff’s subsequent treatment with the medical provider and facility.

Our defense was grounded in the Michigan Penal Code, which criminalizes solicitation of an individual injured in a motor vehicle accident, for any reason, within 30 days of the motor vehicle accident. Further, the Michigan Supreme Court has repeatedly determined that if an act is unlawful according to the Penal Code, it is also unlawful within the No-Fault Act.

Taking this long-standing Michigan law into account and the facts of the case, which were well-laid-out in Ms. Nikolovski-Amady’s brief in support of the motion, the Court found that the Plaintiff was in fact solicited and that the subsequent treatment with the chiropractic doctor was a direct result thereof.

The Court further ruled that, because the solicited treatment was unlawful, all bills for services rendered to Plaintiff by the doctor and his chiropractic clinic arising out of the subject accident are dismissed from the case with prejudice.

Plaintiff SW attorney(s) Involved in Case: Erin A. Moss Ferguson and Loren Nikolovski-Amady

Result Date: 11/16/2017
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