Joseph Mierzejewski Obtains A No Cause Of Action In A First Party No Fault Action
A-M Law‘s Joseph Mierzejewski successfully defended Auto Owners Insurance Company in a no-fault first party action by securing a no cause of action jury verdict.
In Neshewat v Auto-Owners Ins Co, Oakland County Circuit Court Case Number 13-137821-NF Plaintiff claimed over $128,000.00 in no-fault benefits. Despite a documented history of pre-accident medical conditions Plaintiff asserted she suffered from disabling and life-threatening injuries including a rotator cuff tear, multiple cervical and lumbar disc herniations/bulges with annular tears and aggravations of pre-existing conditions.
The defense focused the jury’s attention on Plaintiff’s failure to report any on-scene injuries and photographic evidence depicting the minimal impact nature of the accident. Despite working in the medical field and being married to a physician, the defense also pointed out that Plaintiff did not seek any medical attention for twelve days after the subject-accident. Facts which the defense argued further demonstrated that Plaintiff did not suffer from any injury arising out of the motor vehicle accident. Rather, the defense admitted evidence of three motor vehicle accidents Plaintiff was involved in prior to the subject-accident and suffered claimed injuries to her neck and back from as well as a sledding accident as the actual cause of her continued pain.