First-Party (PIP)

Court/Case No: Wayne County Circuit Court/17-006801-NI

Tried/Argued Before: Judge

Demand: $200,000.00 +

Verdict: $0 – Motion for Summary Disposition granted

Name of Judge(s): Honorable John J. Gillis

Keys to the Case:

On May 29, 2016, Plaintiff was a passenger in a vehicle that was t-boned. Plaintiff presented a claim for first-party PIP benefits through the carrier of the vehicle he was riding in. Plaintiff did not have any household coverage. Given the severity of the crash, Plaintiff sustained a broken right arm that required 5 surgeries. Plaintiff sought payment of medical expenses, attendant care (24 hours per day), household services, and medical mileage. Plaintiff’s PIP claims exceeded $200,000.

However, subsequent investigation revealed the policy covering Plaintiff’s vehicle was canceled for lack of payment of premiums at 12:01 am on the day of the accident. The police report, EMS run sheet, and 911 call logs all established the accident occurred within minutes after the policy canceled.

Our Motion for Summary Disposition was predicated on the fact that Plaintiff did not have any evidence to challenge that the crash occurred after the policy was canceled. Plaintiff argued that his cell phone records, which he did not have present at the hearing, showed he made a call before 12:01 am to his father about the accident. In turn, we argued that even if this was true, cell phone records only show what time a call was made, not why the call was made. Judge Gillis agreed with our arguments and dismissed Plaintiff’s claims against Progressive with prejudice.

Defense SW attorney(s) Involved in Case: