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Two First-Party Auto/PIP Cases

Motor Vehicle Litigation / March 10, 2014

Court/Case No: Macomb County Circuit Court; 12-3923-NF (Drain) and 12-3919-NF (Simpson)

Tried/Argued Before: Judge

Demand: $273,000 (Drain) and $73,000 (Simpson)

Verdict: Verdict - $4,530 plus interest (Drain) and No-Cause for Action (Simpson)

Name of Judge(s): Hon. Edward Servitto and Hon. Donald Miller

Keys to the Case:

Rosalind Simpson, driver, and Annie Drain, passenger, were involved in a minor accident. Shortly after the accident, they began treating with a chiropractor who disabled them from work and many activities. Both Ms. Simpson and Ms. Drain made claims for first-party PIP benefits with Home-Owners Insurance Company, the insurer of the vehicle, for wage loss, attendant care, replacement household services, and medical benefits.

Home-Owners suspended benefits after a physician conducted independent medical examinations and determined that the women were not injured as a result of the accident. After benefits were suspended, both Ms. Drain and Ms. Simpson brought suit against Home-Owners claiming that their benefits were improperly suspended and were still owed.

At trial, Ms. Drain claimed to be disabled as a result of the accident and asked the jury for over $100,000 in lost wages, representing almost two years of missed work. Her demand, which totaled about $273,000, included this claim for lost wages as well as attendant care, replacement household services and medical bills. Ms. Simpson’s demand was about $73,000 and included attendant care, replacement household services, and medical bills.

After five days of trial, the jury found that just a few weeks of wage loss were owed to Ms. Drain and that no other benefits were owed. The verdict as to Ms. Simpson was a no cause for action as the jury determined that no benefits were owed.

Defense SW attorney(s) Involved in Case:


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