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Motor Vehicle Litigation / November 11, 2019
Court/Case No: 19th District Court/19-34818-GC
Tried/Argued Before: Judge
Verdict: $0 – Motion for Summary Disposition granted
Name of Judge(s): Honorable Mark Somers
Keys to the Case:
Plaintiff claimed $7,980.31 in bills resulting from toxicology testing occurring on two separate days. During discovery, it was found that the samples were supplied and the assignments were signed at the same time. However, the samples were not received by Plaintiff until a day later and a report was not issued until two days later. The Court also agreed that the claims should be dismissed as the assignments were signed prior to Plaintiff or their agent rendering any treatment to the patient; therefore, it was a future assignment of benefits. The Court did not agree that the assignment secured by the Plaintiff at the time the second sample was supplied, granted Plaintiff standing to pursue the bill for the first date of service, as each date was a separate event; therefore, Plaintiff could not daisy chain assignments.
Defense SW attorney(s) Involved in Case: