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Novara Law Wins Two-Week First-Party PIP and UIM Trial in Wayne County Circuit Court


Novara Law congratulates Senior Partner Marc McDonald and Senior Attorney Ian Phillips on their combined First-Party PIP and UIM trial win in Wayne County Circuit Court in Detroit before The Honorable Judge Edward Joseph.

The suit involved the Plaintiff’s claims for First-Party PIP benefits, as well as her Underinsured Motorist Claim. The questions of whether the Plaintiff had suffered an injury as the result of a motor accident, had incurred reasonably necessary expenses beyond what the insurer had already paid, and whether the Plaintiff had suffered a threshold injury were all presented to the jury over the course of a two-week, grueling and difficult trial. Each side put forth an exhaustive effort, presenting numerous witnesses and a substantial amount of exhibits to support their respective positions. 

Plaintiff claimed that her neck and right shoulder had been seriously injured in the accident which necessitated medical, household, and attendant care benefits, and was the reason for her right shoulder surgery four years after the accident and her inability to lead a normal life.  Defendant presented strong evidence that Plaintiff had a torn right shoulder prior to the accident, which Plaintiff had tried to hide. Additionally, the Plaintiff only complained of a headache at the scene of the accident and during her visit to urgent care three weeks later. The medical treatment that the Plaintiff claimed was directed by her attorney, and her medical records and imaging did not show any injury related to the car accident. The Plaintiff demanded more than $250,000 in total damages for her combined PIP and UIM claims, including penalty interest.

Ultimately, the jury came back with a decision that the Plaintiff had suffered no injury with respect to both her PIP and UIM claims.

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