Mitchell v Progressive

Court/Case No: Wayne County Circuit Court/21-012989-NF

Tried/Argued Before: Judge

Demand: $99,966.18

Verdict: Dismissal

Name of Judge(s): Hon. Adel A. Harb

Keys to the Case:

Christina Korkes argued a Motion for Partial Summary Disposition as to Intervening Plaintiff’s ZMC Pharmacy’s claims. Intervening Plaintiff alleged that a weight loss medication it dispensed to the underlying claimant was prescribed to treat the claimant’s weight gain which it alleged was a result of the subject accident. Progressive’s position was that the claimant had been treating for years before the accident for weight gain and her weight issues were entirely unrelated to the accident; therefore, the weight loss medication dispensed was not for the care, recovery, or rehabilitation of the claimant for accident related injuries and not an allowable expense. Andrew Gipe assisted Christina by drafting Progressive’s Motion and Reply.

Intervening Plaintiff attached an Affidavit of Dr. Benjamin Krpichak, MD to its Response to Defendant’s Motion to show that the claimant was routinely referred to Dr. Leszkowitz for weight loss management after the accident, further alleging that the claimant’s weight loss treatment was intertwined with her accident related conditions and that the weight loss treatment was necessary to treat her accident related injuries.

Attached to Progressive’s Motion were records dating back several years prior to the accident to show the claimant had been treating with a different provider for weight management, and her treatment included weight loss medication. Additional exhibits included the claimant’s weight prior to and after the accident to show that the claimant maintained her weight for over a year after the accident prior to Intervening Plaintiff dispensing weight loss medication.

Defense SW attorney(s) Involved in Case:

• Christina K. Korkes
• Andrew S. Gipe