First Party (PIP)

Court/Case No: Wayne County Circuit Court/15-012328-NF

Tried/Argued Before: Judge

Demand: $45,000.00

Verdict: $0.00 Dismissal

Name of Judge(s): Honorable Megan Brennan

Keys to the Case:

Plaintiff filed an action against Defendant Allstate seeking various first-party benefits under the Michigan No-Fault Act.  Plaintiff alleged to have sustained injuries to her neck and lower back as a result of a severe rear-end motor vehicle accident.  Although Plaintiff alleged to have sustained injuries that precluded her from engaging in daily activities, such as grocery shopping and carrying items “heavier than a clutch purse,” Plaintiff was depicted in surveillance grocery shopping alone and carrying a 24 pack of soda with one arm as her service provider observed from afar.  Defendant filed a motion for summary disposition pursuant to Bahri v IDS, arguing that reasonable minds could not differ that Plaintiff misrepresented her physical abilities and limitations in effort to sustain a claim.

Upon oral argument from counsel, Judge Brennan took the matter under advisement and ultimately issued an opinion granting summary disposition in favor of Defendant.

Defense SW attorney(s) Involved in Case: