Attorneys Dysarz and Frederick Win Summary Disposition for No-Fault Insurer Based on Statutory “Intentional Act” Defense


Attorneys MaryRachel Dysarz and Lauren A. Frederick obtained summary disposition in favor of a no-fault insurer based on the statutory “intentional act” defense. The plaintiff brought a lawsuit for personal-injury protection benefits, seeking reimbursement of medical expenses, interest, and attorney fees totaling $641,361.09.

Ms. Dysarz and Ms. Frederick argued that the plaintiff’s actions and injuries were intentional, not accidental, as demonstrated by the plaintiff’s statements about planning to kill himself. Shortly after declaring his suicidal intentions, the plaintiff stared down an oncoming vehicle on a busy highway and walked directly in front of it. The plaintiff argued that his actions and injuries were accidental. He contended that he couldn’t form the necessary intent because of his high level of alcohol consumption.

The Court agreed with Ms. Dysarz and Ms. Frederick. It held the plaintiff’s intent to kill himself was evidenced by his own statements and his walking into oncoming traffic. Not even the plaintiff’s high blood-alcohol content or testimony from a psychiatry expert about impaired cognitive functioning could defeat summary disposition. So the Court granted summary disposition in favor of the no-fault insurer and dismissed the case with prejudice.

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