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First Party No-Fault PIP
Motor Vehicle Litigation / November 25, 2009
Court/Case No: Genesee County Circuit Court/Case No. 08-089798-NF
Tried/Argued Before: Jury
Demand: $62,612.90 (not including No-Fault sanctions) which included $18,300 attendant care costs, $4,700 for replacement services, and $49,712.90 for medical expenses
Verdict: No Cause
Name of Judge(s):
Keys to the Case:
Plaintiff made allegations attempting to involve a motor vehicle in the accident, for purposes of allowing him to file a claim for PIP benefits. Defendant argued that Plaintiff was not entitled to any PIP benefits, however, as the accident did not “involve” a motor vehicle; rather, the accident occurred when Plaintiff, driving his motorcycle, was struck by another motorcycle. Plaintiff asserted that a pick-up truck that was stopped at an intersection near where the accident occurred was “involved” because the driver of the pick-up truck signaled the other motorcyclist to proceed. Defendant argued that Plaintiff’s assertion that the pick-up truck was involved did not meet the threshold “involvement of a motor vehicle” requirement set forth in the Michigan No-Fault Act.
Defense SW attorney(s) Involved in Case: