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First-Party (PIP)

Motor Vehicle Litigation / February 27, 2019

Court/Case No: Wayne County Circuit Court/17-015592-NF

Tried/Argued Before: Judge

Demand: $101,380.50

Verdict: $0 - Motion for Summary Disposition Granted

Name of Judge(s): Honorable Daniel A. Hathaway

Keys to the Case:

Plaintiff filed this lawsuit alleging significant injuries following a motor vehicle accident occurring on April 8, 2015. Over the course of the litigation, Plaintiff alleged that he sustained injuries to his left chest, back, thighs, and hips. Since the date of the accident, Plaintiff continued to treat for his injuries. Plaintiff alleged that one of his main injuries as a result of the accident was to his back.

Plaintiff answered Defendant’s interrogatories and indicated that his injuries as it relates to his back were not
pre-existing or an aggravation of a prior problem. Further, at Plaintiff’s deposition, he testified that he did not seek treatment or have any problems before the subject accident. In fact, Plaintiff testified that his back problems were solely a result of the subject accident. During the course of discovery, Defendant obtained Plaintiff’s medical records going all the way back to 2000. Plaintiff’s medical records completely contradicted Plaintiff’s testimony. The medical records revealed that Plaintiff had back problems and had sought medical treatment for over 20 years. In fact, many medical records noted Plaintiff’s back problems as “chronic back problems.”

Defendant filed a Motion for Summary Disposition arguing that Plaintiff violated the fraud provision of the insurance policy. Plaintiff argued that his testimony created only inconsistencies and he is an unsophisticated man not intending to commit fraud. However, the Court granted Defendant’s motion and agreed that the case represented a special circumstance of fraud because Plaintiff had over 20 years of treatment to his back and when asked a few times during his deposition, he continued to deny any problems or treatment with his back. The Court also pointed out the fact that Plaintiff also denied any pre-existing problems of aggravation to his back in his responses to Defendant’s interrogatories. As such, Judge Hathaway dismissed Plaintiff’s entire case with prejudice.

Defense SW attorney(s) Involved in Case:


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