First Party (PIP)

Court/Case No: Wayne County Circuit Court/16-011955-CZ

Tried/Argued Before: Judge

Demand: $113,800.00

Verdict: $0 – Motion for Summary Disposition granted

Name of Judge(s): Honorable Craig Strong

Keys to the Case:

Plaintiff presented a claim for first-party benefits following a motor vehicle accident that occurred on December 4, 2015. Plaintiff alleged injuries to her back and neck as a result of the accident. She ultimately underwent a cervical fusion. Plaintiff sought payment of medical expenses, attendant care, household services, and medical mileage from Defendant.

Throughout the course of discovery, Plaintiff signed written answers to discovery indicating that she had no history of neck pain, neck treatment, or recommendation for neck surgery. In addition, at her deposition, Plaintiff again denied any history of neck pain, neck treatment, and surgery recommendation despite being specifically asked.

Further, in her written discovery, Plaintiff failed to disclose treatment with a neurosurgeon in 2010. Defense counsel obtained this information through a canvass search of medical facilities. Records from the pre-accident neurosurgeon revealed a 2010 recommendation for cervical fusion - the exact surgery Plaintiff related to the accident.

Defendant moved for summary disposition on the basis that Plaintiff’s blatant and repeated misrepresentations about her pre-accident medical history amounted to fraud. In response, Plaintiff argued that she “did not remember” the treatment and surgical recommendation. Following oral argument, the court granted summary disposition in favor of Defendant.

Defense SW attorney(s) Involved in Case: Javon R. David

Result Date: 02/07/2018
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