First-, third-party defense argue previous injuries, impairment threshold
On Oct. 11, 2011, plaintiff was driving northbound on Greenfield Road at the intersection of Lincoln Road in Oak Park. Defendant also heading northbound, tried to move from the outer lane into the inner lane, and hit plaintiff’s van. The impact pushed the van over the curb and onto the median.
Plaintiff had surgery for a torn rotator cuff and a supraspinatus tendon tear.
Defendants for the first- and third-party carriers argued that the serious impairment threshold had not been met and that plaintiff had pre-existing medical issues.
At facilitation the matter settled for $37,500 for the first-party claim and $52,500 for the third-party claim.
Type of action: First-party no-fault, third-party personal injury
Type of injuries: Torn rotator cuff, tear of supraspinitus tendon
Court/Case no./Date: Oakland County Circuit Court; 2012-128308-NI; Sept. 25, 2013
Settlement amount: $37,500 (first-party claim), $52,500 (third-party claim)
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