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Personal Injury Protection (PIP) Benefits – Provider Claim
Motor Vehicle Litigation / December 20, 2010
Court/Case No: Michigan 36th District Court/Case No. 10-106746-GC
Tried/Argued Before: Judge
Verdict: $0 - Summary Disposition Granted
Name of Judge(s): Hon. E. Lynise Bryant-Weekes
Keys to the Case:
Aggressive discovery, which ultimately provided the basis for a Motion for Summary Disposition under MCR 2.116(C)(10). The claim was filed by a purported attendant care provider, based upon services allegedly provided to an uninsured pedestrian who was struck by an uninsured vehicle. State Farm was claimed to be responsible for attendant care benefits via the Assigned Claims Facility. Discovery was not permitted as a matter of course because the case was filed in District Court. Lead counsel, Nathan Edmonds, obtained an order permitting discovery early in the case, then vigorously pursued depositions of the provider’s principals as well as written discovery. Plaintiff’s evasive approach to discovery ultimately led to it being unable to effectively oppose Defendant’s (C)(10) Motion.
Defense SW attorney(s) Involved in Case: