Kevin P. Moloughney and Ashley S. Dickey obtained a no cause verdict in a third-party automobile negligence action in the Macomb County Circuit Court, the Honorable Edward Servitto presiding.
The jury determined that Plaintiff’s injury did not result in a serious impairment of body function. The Plaintiff contended that she suffered injuries to her head, back, including a disc herniation, neck, jaw, face, right arm and leg. Before the accident, Plaintiff was receiving medical treatment for the very same issues that she claimed were a result of the accident.
Defendant called an orthopedic surgeon and a physical medicine and rehabilitation physician who both compared the pre-accident diagnostic films against post-accident diagnostic films, finding that there was no objective change in the comparison studies, and that they only showed degenerative changes. Photographs and videos from Plaintiff’s social media account were utilized during trial and provided great insight as to Plaintiff’s post-accident abilities.
Plaintiff was seeking policy limits of $250,000.00 in non-economic damages. The trial lasted three days and the jury returned a verdict in favor of the Defendants.
