Cinnamon Plonka and Catherine Garmo Secure No-Cause Verdict in $100K PIP Fraud Trial.
In a recent trial before a Wayne County jury, Zausmer secured a significant no-cause verdict on behalf of the defendant. Shareholder Cinnamon Plonka, with the assistance of associate Catherine Garmo, successfully tried a case involving serious claims based on fraud. The plaintiff sought over $100,000 in personal injury protection (PIP) benefits for injuries allegedly resulting from a motor vehicle accident.
The plaintiff presented claims for no-fault benefits, specifically medical expenses, wage loss benefits, and household replacement services. However, Zausmer’s team revealed several critical factors that undermined the plaintiff’s case. The defense demonstrated that the plaintiff had a pre-accident medical history of back complaints, diagnosed underlying health issues, previous surgeries, and substance abuse issues. During trial, the defense established—through expert testimony and medical records from the plaintiff’s providers—that the treatment was not related to the motor vehicle accident in question.
Additionally, evidence presented at trial showed that the plaintiff underwent surgeries after the accident, which contributed to his pain and treatment. This bolstered the defense argument that the plaintiff’s claim was fraudulent, as he alleged he was receiving replacement services at home while, in reality, he was hospitalized for a three-month period.
The defense also introduced evidence demonstrating that the alleged accident was minor rather than the traumatic collision the plaintiff claimed.
The jury deliberated just over an hour and determined that the defendant was not liable. The jury rendered a no-cause of action verdict in favor of the defense.
Zausmer
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