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First Party (PIP)

Motor Vehicle Litigation / April 6, 2017

Court/Case No: Wayne County Circuit Court/16-001332-NF

Tried/Argued Before: Judge

Demand:  $250,000 total ($100,000 demand by Plaintiff/$150,000 demand by Intervening Providers)

Verdict: Dismissal of Claims

Name of Judge(s): Honorable David Groner

Keys to the Case:

Plaintiff filed a lawsuit for first-party benefits following a motor vehicle accident that occurred on July 3, 2015.  Plaintiff was involved in a prior accident in which he sustained numerous orthopedic injuries and a traumatic brain injury.  He alleged an exacerbation of these injuries as a result of the July 3, 2015 accident, ultimately undergoing extensive treatment and receiving 24/7 attendant care and transportation services from Herndon Home Health Services, LLC, and Angels with Wings, LLC.  Herndon Home Health Services and Angels with Wings intervened in Plaintiff’s primary action seeking payment for services in excess of $150,000.

Throughout the course of discovery, Defendant Allstate secured numerous orders compelling Plaintiff’s attendance at medical evaluations and his deposition.  Plaintiff violated two court orders during the pendency of the case, and as such, Defendant Allstate moved for dismissal of Plaintiff’s claims for violation of the court orders.  Ultimately, Plaintiff’s counsel moved to withdraw as counsel, which was granted by the Court. The Court then ordered all parties to appear for a status conference in 30 days to allow Plaintiff to retain new counsel or appear in pro per.  Plaintiff failed to appear for the status conference and Defendant Allstate requested a dismissal of all claims in light of Plaintiff’s consistent refusal to comply with court orders.  The court granted Defendant’s request, dismissing Plaintiff’s claims.

Following dismissal of Plaintiff’s claims for violation of discovery orders, Defendant Allstate filed a motion to dismiss the claims of Intervening Providers, Herndon Home Health Care and Angels with Wings, pursuant to Dawoud v. State Farm Mut. Auto. Ins., No. 327915, 2016 WL 6087035 (Mich. Ct. App. Oct. 18, 2016).  Following oral argument, the Court granted Defendant’s motion, dismissing the Intervening Providers’ claims with prejudice.

Defense SW attorney(s) Involved in Case:


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