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First Party No-Fault (Automobile)

Motor Vehicle Litigation / March 16, 2009

Court/Case No: Case was filed in Wayne County Circuit Court and remanded to Oak Park district Court 45-B/Case No. 07-02087-GC

Tried/Argued Before: Jury

Demand: In excess of $80,000 in circuit court. Later remanded to district court and damages capped at $25.000

Verdict: Jury award of $952.00 with no costs, interest or attorney fees applied

Name of Judge(s): Apel-Friedman

Keys to the Case:

Plaintiff originally filed suit seeking wage loss, medical expenses, replacement services, transportation and attendant care.  On the day of trial in Circuit Court, Plaintiff agreed to cap his claims at $25,000 and the case was remanded to District Court.  At trial, Defendant argued that Plaintiff returned to wok for two (2) weeks following the accident before obtaining a disability slip.  Plaintiff argued that the Defendant’s IME doctor did not see the Plaintiff for 1-1/2 years following the accident and that the Plaintiff was back to work by the time of the IME and, therefore, not credible or relevant.


Defense SW attorney(s) Involved in Case:


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