Cocaine, alcohol found in blood on day of accident
Plaintiff had been involved in three accidents in 2007, 2009 and 2011. In each accident he was riding a bicycle and was struck by an automobile, though no contemporaneous police presence, report or evidence could support each accident. Plaintiff claimed to have been severely injured in his 2007 accident, and that he required fusion surgery for his neck and multiple surgeries for his knee.
Bystanders to the Nov. 27, 2011, accident told paramedics that plaintiff had been struck by a vehicle, which left the scene, and had lost consciousness at the scene of the accident.
Defendant State Farm was assigned as plaintiff’s carrier by the state’s Assigned Claims Facility. Defendant contested both the occurrence of the accident and plaintiff’s sustaining any injuries therefrom, and took the position that any injuries were pre-existing. Defendant also filed a motion to exclude the bystander testimony as hearsay, which the court granted.
Plaintiff was easily flustered and gave conflicting testimony both at his deposition testimony and on the stand. This including his denying recent substance abuse, although both cocaine and alcohol were found in his bloodstream on the day of the 2011 accident.
Plaintiff argued that defendant sent letters to plaintiff’s medical providers stating that the accident and the claims were under investigation, but that defendant made no effort to actually investigate the accident or claims.
The jury awarded plaintiff $136,279.54 in allowable expenses, $4,800 in replacement service expenses and $16,353.54 in interest.
Type of action: First-party no-fault
Type of injuries: Neck, back and knee, suspected closed-head injury
Court/Case no./Date: Wayne County Circuit Court; 12-005414-NF; Feb. 12, 2014
Verdict amount: $157,433
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