Michigan Court of Appeals Issues Favorable Opinion on No-Fault Act and Civil Remedies for Novara Law Client
The Michigan Court of Appeals recently upheld the dismissal of a plaintiff’s claim that totaled over $500,000 in exposure for a Novara Law insurance client.
Novara Law Partner Kaitlyn Cramer led the appeal, along with Associate Kiersten Reinhold, for the insurance client in which plaintiff sought benefits for injuries allegedly sustained when he collided with a fire truck.
The Novara Law trial team discovered numerous inconsistencies in plaintiff’s deposition — notably, that the fire truck landed on top of his vehicle and pinned him, yet his vehicle sustained little to no damage.
Novara Law, along with co-defendant, then moved for security of costs, arguing that no reasonable juror would likely find that plaintiff’s claims were legitimate, and thus, to continue with his claim, he would have to post a $25,000 security bond. The court agreed. Plaintiff then moved for a waiver, arguing that he was indigent. The court dismissed his case, finding that he had failed to demonstrate his lack of funds.
Plaintiff then appealed, arguing that the security bond requirement ran afoul of the No-Fault Act, in that it required him to effectively pay for his benefits, which were statutorily mandated. Novara’s team argued that there was no prohibition against security bonds in the Act itself or elsewhere. Plaintiff then argued that the trial court should have found him indigent; the defense noted that he had failed to provide proof of that fact other than a self-serving affidavit.