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First Party, Uninsured Motorist
Motor Vehicle Litigation / September 28, 2017
Court/Case No: Wayne County Circuit Court, 16-007598-NI
Tried/Argued Before: Judge
Demand: $750,000.00 (combined PIP claims and UM demand)
Name of Judge(s): Honorable Martha Snow
Keys to the Case:
PIP and UM claim against Progressive for PIP and UM benefits for the Plaintiff who was allegedly injured in a MVA in January 2016. Defendant eventually filed an MSD arguing it was a staged collision and that under Bahri, claims should be dismissed outright with prejudice.
Defendant’s brief relied on the utilization of a damage analysis from Herndon & Associates as well as Plaintiff’s cell phone records. Motion was granted by Judge Snow, who entered an order ruling Plaintiff is precluded from recovering any and all PIP benefits. High-exposure claim with a number of surgeries and separate provider lawsuits. This ruling now precludes the entire trove of pending provider claims.
Defense SW attorney(s) Involved in Case: