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Motor Vehicle Litigation / October 24, 2019
Court/Case No: 15th District Court/19-0497-GC
Tried/Argued Before: Judge
Verdict: $0 – Motion for Summary Disposition Granted
Name of Judge(s): Honorable Joseph Burke
Keys to the Case:
Plaintiff initially claimed $3,700 in bills resulting from toxicology testing. During discovery, it was uncovered that the sample was supplied and the assignment was signed at the same time. However, the sample was not received by Plaintiff until a day later and a report was not issued until three days later. Prior to Defendant’s Motion for Summary Disposition being heard and on the eve of discovery closing, Plaintiff presented additional bills totaling $21,000.00. Defendant argued and the Court agreed that as a result of Plaintiff’s failure to comply with local Court guidelines, the Michigan Court Rules, and Rules of Evidence, the additional bills were struck. The Court also agreed that the initial claim should be dismissed as the assignment was signed prior to Plaintiff or their agent rendering any treatment to the patient; therefore, it was a future assignment of benefits.
Defense SW attorney(s) Involved in Case: