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Third-Party Bodily Injury
Motor Vehicle Litigation / June 21, 2019
Court/Case No: Macomb County Circuit Court/18-001478-NI
Tried/Argued Before: Judge
Verdict: $0 - Motion for summary disposition granted
Name of Judge(s): Honorable Jennifer Faunce
Keys to the Case:
Plaintiff filed this lawsuit as a result of a motor vehicle accident that occurred on April 14, 2015. Plaintiff alleged that she sustained an objectively manifested impairment of an important body function that was serious and affected her general ability to lead a normal life and/or caused a permanent serious disfigurement. Plaintiff alleged that she suffered injuries to her right foot, right shoulder, right hip, and had right knee pain. Plaintiff also alleged that she sustained a scar caused by the GMC logo from her vehicle being embedded on her left forearm. Following the accident, Plaintiff began treating for her alleged injuries. While treating for her alleged injuries from the motor vehicle accident, Plaintiff was involved in a slip and fall incident that caused her to begin treating more frequently.
Defendant filed a Motion for Summary Disposition arguing that Plaintiff cannot establish an objective manifestation of an injury resulting from the April 14, 2015, accident. Defendant argued that Plaintiff’s medical and employment records demonstrate that any alleged injuries were a result of her slip and fall incident and not the subject accident. Therefore, there was no genuine issue of material fact for trial that Plaintiff could prove that her alleged injuries “arose out of” or were a proximate cause of the motor vehicle accident. On April 8, 2019, Judge Faunce granted Defendant’s Motion for Summary Disposition, in part, finding that there were no disputed facts and Plaintiff failed to demonstrate that she suffered a serious impairment of a body function as a matter of law.
Upon filing said Motion, Plaintiff’s counsel made the argument that Plaintiff suffered a permanent serious disfigurement as a result of the alleged scar on her forearm. Defendant argued summary disposition was proper because Plaintiff had not offered any evidence that the disfigurement is both permanent and serious as required by law in order to recover. The Court took the remaining Motion under advisement, as to whether Plaintiff suffered a permanent serious disfigurement. The Court ultimately issued an Opinion and Order on April 18, 2019, granting Defendant’s Motion for Summary Disposition, dismissing Plaintiff’s entire claim.
Defense SW attorney(s) Involved in Case: