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First-Party (PIP)

Motor Vehicle Litigation / May 1, 2019

Court/Case No: Wayne County Circuit Court/17-012664-NI

Tried/Argued Before: Jury

Demand: $150,000.00

Verdict: $0 – Order for No Cause of Action for three Plaintiffs, $4,000.00 to one Plaintiff

Name of Judge(s): Honorable Sheila Ann Gibson

Keys to the Case:

The four Plaintiffs in this case (two teenage children and their parents) were involved in a minor fender-bender car accident in 2016. The trial was over medical bills, only, in a PIP claim. Plaintiffs testified that they were approached at the scene of the accident by a stranger named “Ali” who persuaded them to follow his recommended course of treatment after the accident. Ali drove Plaintiffs to the police station to make a police report, then to the ER to make an ER record.  He then showed up at their house two days later and drove them to see Dr. Sam Hakki at Mini-Invasive Orthopedics and to Choice Physical Therapy. All other treatment arose from referrals by Dr. Hakki to various facilities with which he had some financial or other business interest.

Dr. Hakki refused to answer any questions at his de bene esse deposition and the jury heard him repeatedly state that he would not answer any questions without his own attorney present. Dr. Steven Arbit testified that these Plaintiffs did not sustain any injury that would require the treatment provided by or through Dr. Hakki. Moreover, Dr. Hakki’s medical records were not credible and multiple inconsistencies and falsehoods in those records were presented to the jury.

The jury found that Defendant did not owe any more benefits for these Plaintiffs and that the payment of the bills for their initial ER visits was sufficient. This is what the adjuster testified was paid on the claim before the remainder of the claims were put under investigation. The jury determined that Dr. Hakki and his network of related providers were not owed anything more than the medical bills claimed because they did not provide reasonable or necessary medical treatment as a result of the accident.

Defense SW attorney(s) Involved in Case:


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