Chris Endres Secures A No Injury No Cause Of Action Verdict In A No-Fault Provider Suit
Chris Endres successfully defended Auto Owners Insurance Company by obtaining a no injury – no cause of action verdict in a consolidated two claimant provider no-fault suit. The case, North Shore Injury Center v Auto-Owners, Wayne County Case Number 14-007847-NF was consolidated with Medi Transit, Inc. v Auto Owners Insurance Company, Case Number 14-010864-NF, involved two claimants, sixteen Trial witnesses and a combined claim of damages exceeding $100,000.00.
The defense focused on the facts that no injuries were reported at the scene, neither of the claimants sought any type of emergency room treatment, and both claimants appeared at Plaintiff North Shore’s facility the morning after the accident despite never receiving any treatment from the facility prior to the accident and without any logical explanation as to how each of them ended up at the facility in the first place. Further, neither of the claimants mentioned the accident to their primary care physicians, despite each of them receiving extensive post-accident claimed treatment including an injection, diagnostic testing, pain management, and ten months of physical therapy and chiropractic treatment. Additionally, both claimants had several pre-existing conditions, including a stroke and a cervical fusion. Evidence of the low speed impact nature of the accident and the minimal damage to the involved vehicle was also admitted.
In rendering its verdict the eight person jury unanimously determined that neither of the claimants were injured in the subject motor vehicle accident. Further, during deliberations the jury asked the Court if it could award damages to Defendant for payments made with penalty interest.