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First Party Auto/PIP
Motor Vehicle Litigation / July 26, 2012
Court/Case No: Wayne County Circuit Court/Case No. 12-003931 NF
Tried/Argued Before: Judge
Verdict: Motion for Summary Disposition Granted
Name of Judge(s): Gershwin Drain
Keys to the Case:
Plaintiff sought survivor’s benefits under the No-Fault Act after her husband passed away from a heart attack, which happened to occur while he was driving home from work. Based upon our motion for summary disposition, the trial judge concluded that no-fault benefits were not available because there was no evidence that the heart attack arose out of the use of a motor vehicle. Moreover, there was no “accidental bodily injury” within the meaning of the No-Fault Act.
Defense SW attorney(s) Involved in Case: