Experience, expertise and common sense.
First Party Auto / PIP
Motor Vehicle Litigation / October 4, 2012
Court/Case No: Macomb County Circuit Court / Case No. 2010-5527-NI
Tried/Argued Before: Judge
Verdict: $0 - Summary Disposition Granted
Name of Judge(s): Matthew Switalski
Keys to the Case:
A diligent inquiry into whether Progressive had priority under MCL 500.3114(3) initially prompted Plaintiff to voluntarily dismiss Progressive with prejudice, following the deposition of the Plaintiff. However, approximately eight months later, Plaintiff attempted to bring Progressive back into the case via an amended complaint. When Progressive moved for summary disposition of the amended complaint, based on the prior stipulation to dismiss, Plaintiff advanced a complicated legal argument for setting aside the stipulation. Through thorough legal research and writing, defense counsel persuaded the trial court to enforce the stipulation and dismiss Progressive from the case for good.
Defense SW attorney(s) Involved in Case: