Zausmer shareholder, A. Adam Post II, and associate, Courtney Fall recently achieved a significant victory for their client in a third-party injury suit by obtaining summary disposition on the basis of the Plaintiff’s own liability.
The plaintiff alleged negligence on the part of the defendant driver, claiming that the defendant caused the motor vehicle accident.
During discovery, Adam deposed the investigating officer and confirmed the facts of the accident, as well as the officer’s determination that in fact, defendant had the right of way and the plaintiff failed to yield. During the deposition of the plaintiff, Adam questioned her regarding the facts of the accident and obtained key testimony in which the plaintiff admitted that she had a stop sign while the defendant did not.
Using this information, Adam and Courtney filed a motion for summary disposition on two grounds, arguing that the plaintiff was more than 50% at fault for the subject accident, and that the claimed injuries did not meet the threshold to qualify as serious impairment of a bodily function.
During oral argument, Courtney focused on the fact that the plaintiff was more than 50% at fault for the subject accident. Not only had the investigating officer assigned fault for the accident to the plaintiff, but the plaintiff admitted that the defendant had the right of way. Courtney also argued that the plaintiff had failed to respond to the motion with any evidence to create a genuine issue of material fact as to fault. While also prepared to argue that the plaintiff did not suffer a threshold injury as a result of the accident, the court found there was no genuine issue of material fact that the plaintiff was more than 50% at fault for the accident, barring her claim against the defendant driver under MCL 500.3135(2)(b).
Congratulations to Adam and Courtney on their excellent work that resulted in a dismissal and a big win for their client.
Zausmer
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