Defense argues serious impairment threshold not met, pre-existing injuries
Plaintiff collided with defendant’s vehicle while exiting a shopping center parking lot in broad daylight. Plaintiff briefly lost consciousness at the scene.
Plaintiff returned to work but ultimately stopped several months later because of ongoing pain and depression. He was diagnosed with a closed head injury, bilateral knee injuries and a worsening of longstanding depression.
Defendants argued that plaintiff was more than 50 percent at fault in causing the accident because he was speeding and allegedly was not paying attention to what was ahead of him on the road.
It also was contended that plaintiff’s symptoms pre-existed, that he was a malingerer, that he failed to meet the serious impairment threshold, and that his knees had been degenerated for several prior years.
Both parties accepted the $500,000 unanimous case evaluation.
Type of action: Auto negligence
Type of injuries: Closed head injury, bilateral knee injuries
Court/Case no./Date: Macomb County Circuit Court; 2012-2355-NI; June 1, 2013
Settlement amount: $500,000
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