Motions
Case Type of Suit Court Result
Coleman v. Zmijewski Bodily Injury Monroe Circuit  Judge Weipert granted Defendant's Motion to Dismiss because Plaintiff failed to abide by discovery order.
Coffer’s Housing Solutions, Inc. v. Allstate Insurance Company No Fault Provider Suit Wayne
Circuit 
Provider lacked standing to bring suit and failed to support its burden of proof that its alleged services were reasonably necessary under MCL 500.3107
Blair Carson et al v. Allstate Insurance Company No-Fault PIP Wayne Circuit  Plaintiff not entitled to PIP benefits pursuant to Bahri v IDS Prop Cas Ins Co.
Tox Testing Inc. et al v Allstate Insurance Company No Fault Provider Suit Wayne County Circuit Court Plaintiff-Provider lack standing to bring suit for PIP benefits pursuant to Covenant Medical Center, Inc v State Farm Mut Auto Ins Co.
Slom et al v. Charafeddine et al No-Fault PIP and Negligence Wayne Circuit  Plaintiff did not sustain a threshold injury under the No-Fault act and his PIP benefits were not causally related to the accident at issue
Meds Direct Pharmacy v. Allstate Insurance Company No Fault Provider Suit 19th District Court Plaintiff-Provider lack standing to bring suit for PIP benefits pursuant to Covenant Medical Center, Inc v State Farm Mut Auto Ins Co.
Hardwick v. Allstate Insurance Company No-Fault PIP Wayne County Circuit Court Plaintiff and her service providers made false oral statements and/or presented false documents as part of or in support of her PIP claim with the MACP/Allstate, thereby rendering her entire No-Fault PIP claim ineligible for payment.
Silver Pine vs. Allstate Provider Suit 15th District Court Judge Timothy Burke granted our Motion for Summary Disposition based on Issue Preclusion, as the 46th district court had already ruled that the underlying claimant had not suffered accidental bodily injury for the purposes of the No Fault Act.
Knauss v Auto Owners PIP

48th District Court.

Hon. Diane D’Agostini granted Defendant’s Motion for Summary Disposition as Plaintiff’s complaint alleging bad faith failed to state a claim upon which relief could be granted.
Finnegan v Farm Bureau Property Loss Lapeer Judge Nick Holowka granted Defendant’s Motion for Summary Disposition. Plaintiff settled with maintenance companies whose faulty installation of a dishwasher allegedly caused water damage to their floor. Summary Disposition was proper because Plaintiffs destroyed Defendant’s subrogation right in violation of the policy of insurance by settling with the maintenance companies.
Harriday v MemberSelect Property Loss Oakland Circuit Judge Rae Chabot granted our Motion for Summary Disposition because Plaintiff misrepresented items as stolen that she did not own in violation of her policy of insurance.
State Wide v AAA Property Loss Wayne Circuit Judge Hathaway granted our Motion for Summary Disposition finding that a service contract entered into with a contractor by AAA's insured  could not bind AAA, because a contract cannot bind a non-party.  Moreover, Plaintiff could not establish that AAA had been unjustly enriched by the services allegedly performed by the Plaintiff.
Thomas v Farm Burea
Property Loss
Genesse Circuit Judge Judith Fullerton granted our Motion for Summary Disposition because there was no policy of insurance in effect for a detached garage, which subsequently burned down in a fire.
Health Systems v Allstate Provider 46th District Court Judge Sheila Johnson granted our Motion for Summary Disposition in this provider suit for No-Fault benefits because there was no issue of fact that the underlying patient had not suffered accidental bodily injury arising out of a second automobile in 10 months
Alliance Transportation v Allstate Provider 46th District Court Judge Cynthia Arvant granted our Motion for Summary Disposition in this provider suit for No-Fault benefits because there was no issue of fact that the underlying patient had not suffered accidental bodily injury arising out of a second automobile in 10 months.
Stone v State Farm PIP Benefits Jackson Circuit Judge LaFlamme granted our Motion for Summary Disposition, because Plaintiff’s status as an “occupant” of his employer’s vehicle designated the employer’s insurer as first in priority for PIP benefits.
Crystal Clear Health Mgmt v Allstate Provider 44th District Court Judge Meinecke granted our Motion for Summary Disposition in this provider suit for PIP benefits because the underlying claimant took the vehicle she was driving without permission and was not entitled to No-Fault benefits
Crank v Woods Condominium Slip and Fall

Wayne Circuit

Judge Popke granted our Motion for Summary Disposition based on Fransescutt v. Fox Chase Condominium Association. Plaintiff, as a condominium unit owner, could not bring suit after he allegedly slipped on a patch of ice near his car because as a co-owner, he was not an invitee or tenant for the purposes of a premises liability case.
Young v Nguyen Slip and Fall

Wayne Circuit

Judge Gillis granted our Motion for Summary Disposition because plaintiff failed to show that defendant had constructive notice of an unidentified substance on the floor of her nail salon, which she allegedly slipped on. Further, any condition on the floor would have been open and obvious.
Sullolari v Glenn Bodily Injury Macomb Circuit Motion for Summary Disposition was granted on behalf of our client, Brian Glenn. The motion was granted because plaintiff could not show any negligence on the part of Mr. Glenn when his car broke down. 
Orthopedic, PC 
v Allstate
PIP Benefits USDC Federal Court granted Motion for Summary Judgment finding no causal connection between treatment rendered by provider and MVA; also agreeing Plaintiff had failed to sustain its burdens of proof relative to No-Fault PIP claim for reimbursement of its bills.  Nearly $100k in bills gone with grant of Motion. 
Thayne v Bradshaw BI

Oakland Circuit

Motion for Summary Disposition was granted on behalf of our client based on plaintiff’s lack of proximate cause. Case Evaluation sanctions were also awarded to defendant.
 
Pure Open MRI v Allstate Provider 36th District Court Motion for Summary Disposition was granted to our client, Allstate, regarding plaintiff’s MRI bills based on lack of necessity and causation after deposing doctor who referred underlying claimant for MRIs. 
 
Dixon v Senior BI Wayne Circuit Motion for Summary Disposition was granted to our client, Senior, by the Honorable Annette J. Berry on the basis of plaintiff’s failure to establish that our client was negligent when plaintiff walked into a busy road at night while intoxicated and was hit by defendant Dixon.
 
Physiatry & Rehab v. Encompass PIP 52-A Dist Ct MSD granted on basis of Plaintiff's failure to establish burdens of proof after the close of discovery when Plaintiff repeatedly failed to provide discovery or produce treating doctor for deposition
 
Al-Hourani v. State Farm PIP 36th Dist Ct MSD granted on basis of Plaintiff's failure to state a claim as Plaintiff was seeking reimbursement of his deductible and lost time from work from State Farm, which insured the other vehicle, and not Plaintiff's vehicle
 
Farm Bureau v. Sentry Select Dec Action

Oakland  Circuit

MSD granted on basis of analysis of priority statute involving motorcycle v 'loaner vehicle
Trial court also granted Farm Bureau sanctions under MCL 600.2591 
 
Mallett v. State Farm PIP Oakland MSD granted on basis of Plaintiff failing to obtain a Michigan no fault insurance policy even though she resided in Michigan. Plantiff could not recover Michigan no fault benefits pursuant to her Indiana policy of insurance.
 
Durham v. Auto Club  Fire Berrien MSD granted on basis of trial court's interpretation of "used as a residence premises" (currently on appeal)
 
Antuna v. State Farm, et al UM/UIM Oakland MSD granted on basis of involved vehicle was insured inspite of alleged lack of permissive use by defendant driver
 
Stanek-Loviska v. Alongi, et al Premises Liability Macomb MSD granted on basis of no duty owed to Plaintiff
 
Cockrell v. Locher BI Oakland MSD granted on the basis of res judicata
 
Brown v. State Farm, et al PIP Wayne MTD granted on basis of Plaintiff's discovery abuses
 
Lawson-Williford v. State Farm PIP Wayne MSD granted on basis that Plaintiff failed to establish entitlement to PIP benefits, including medical expenses and attendant care
 
Erwin v. State Farm PIP Wayne MTD granted on basis that Plaintiff failed to attend IMEs
 
Nailor v. State Farm Breach of Contract Washtenaw MSD granted on basis that no valid policy of insurance existed at time of collision
Bettis v. McCalden Bodily Injury OCC Judge Shalina Kumar granted defendant's Motion for Summary Disposition because Plaintiff failed to show that Defendant was negligent for causing the multi-vehicle accident which occurred during a blinding snowstorm
Advanced Surgery Center v. Esurance Provider WCC Judge Annette Berry granted Defendant's Motion for Summary Disposition due to the Provider lacking standing to pursue the claim pursuant to the Covenant decision.
Tel Ten Chiro v. Allstate Provider PIP 19th DC Judge Mark Somers granted our Motion for Summary Disposition in this provider suit for No-Fault benefits because Plaintiff Provider had not presented evidence to support its contention that the underlying patient was a resident relative of an Allstate insured.
Sharpe v. Maynard Bodily Injury WCC Judge Edward Ewell granted our motion for summary disposition as there was no evidence to show that our client was at all negligent or at fault in a “chain reaction” type auto accident on I-94.
Rasho v. Rasho Premises Liability MCC Judge Jennifer Faunce granted our Motion for Summary Disposition in this slip and fall suit. There was no genuine issue of material fact that Defendant did not have actual or constructive notice of any “black ice” on the date of the slip and fall. Additionally, Plaintiff lied about breaking his hand during the fall, when in fact, he had broken it a month prior.
Jackson v. ABC Slip and Fall WCC Judge granted MSD, finding that a crack in the sidewalk was an open and obvious condition, or, in the alternative, that the concrete did not crumble until Plaintiff stepped on it, thus failing to show that Defendant had notice of or should have known of the condition.
Meds Direct v. Allstate Provider WCC Judge granted MSD and Sanctions upon a showing that the medical provider Plaintiffs had forged a signature of an underlying claimant on an assignment of benefits form.
Shipman v Ali Vehicle/Bicycle Accident GCC Judge granted MSD, finding that Plaintiff was more than 50% at fault in causing the accident when he, as a bicyclist, attempted to pass Defendant’s vehicle along the shoulder of the road, in violation of traffic laws, instead of on the Defendant’s left hand side.
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