Claimant Not Collaterally Estopped From Pursuing PIP Lawsuit After Finding of “No Accidental Bodily Injury” in Provider Lawsuit

The case of Redburn v Farmers Insurance Exchange opens the door for inconsistent verdicts. Where one court may find a claimant not injured in an automobile accident, another court may have a different outcome. Accordingly, when there are provider lawsuit(s) and PIP lawsuits pending, it is good practice to ensure that all parties are aware of the other pending lawsuits and given the opportunity to participate in the other lawsuits. This will make a court more likely to grant a motion for summary disposition based on collateral estoppel, knowing that the PIP claimant and providers were all given a full and fair opportunity to participate in the other pending lawsuits.

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