Third-Party Auto

Court/Case No: Oakland County Circuit Court - 13-132603-NI

Tried/Argued Before: Jury

Demand:  $100,000

Verdict: No-cause for action

Name of Judge(s):  Hon. Michael Warren

Keys to the Case:

The accident occurred in September of 2006. Jasdeep Mann was an employee of 3M and side-swiped the Plaintiff’s vehicle, creating a small amount of damage (listed as 1 out of 7 on the police report) to the driver’s side door and back door. Plaintiff was not transported to the hospital and claimed she was fine, other than a burning sensation in her shoulder from where the seatbelt was. A few days later she went to Urgent Care and from that point went through 8 years of chiropractic care and deep tissue massages. We admitted negligence for the accident, so the issue for the jury was proximate cause and damages. Plaintiff had played competitive softball for 20 years, stopping 3 years before the accident. She also had a congenital bone spur in her left shoulder, which was removed 3 years after the accident.

The jury concluded that although Ms. Mann was negligent, the Plaintiff’s shoulder condition was not a proximate cause of that negligence, thus the verdict was a no cause for action.

Defense SW attorney(s) Involved in Case:

• Thomas J. Azoni