Sajid Islam obtained summary disposition in a third-party negligence lawsuit against his client alleging entitlement to damages as a result of a motor vehicle accident. Specifically, Sajid filed a Motion for Summary Disposition arguing that there was no genuine issue of material fact that the plaintiff had not sustained a serious impairment of an important body function, as there was no evidence of an objectively manifested impairment or effect on plaintiff’s ability to lead her normal life. Sajid argued that the diagnostic imaging was devoid of any accident-related findings and that plaintiff had not rebutted the evidence that he proffered as required under MCR 2.116(C)(10). The court also agreed that the chiropractor treatment that plaintiff cited was based upon the plaintiff’s subjective assessment and history, and was therefore, not sufficient to prove an objectively manifested impairment. The court ruled that Sajid’s client was entitled to summary disposition and dismissed the plaintiff’s claims entirely.

Sajid M. Islam obtained partial summary disposition in a lawsuit, in which a provider of services claimed first-party No-Fault benefits from Progressive Michigan Insurance Company for services provided to Progressive’s insured. The provider submitted claims for providing housing, nutritional supplies, household items, hygiene supplies and other services performed by its employees for which it claimed that it was entitled to payment of a per diem rate. Sajid prepared a Motion for Summary Disposition seeking dismissal of the plaintiff’s entire claim and argued that Plaintiff provided nothing but ordinary, everyday services, which were not compensable under the No-Fault Act. After oral arguments, the court entered an order stating the plaintiff was not entitled to reimbursement of any expenses other than for the cost of housing, including the nutritional supplies, household items, hygiene supplies and services performed by plaintiff’s employees, which represented a majority of Plaintiff’s claims. The court found a question of fact as to whether the housing expenses were compensable.

Stephanie Arndt was appointed to the State Bar of Michigan Negligence Section Council. As part of the 14-person Board, Ms. Arndt will assist in the development of procedures, court rules, and statutes that directly impact negligence law in Michigan in the trial and appellate courts. In addition to serving the Negligence Section as a Council Member, Ms. Arndt is also an active member of the Negligence Section’s Amicus Committee.

Adam Gordon and Candice Cosby were successful in obtaining Plaintiff’s voluntarily dismissal of its suit following filing a motion for summary disposition arguing Plaintiff’s claims were terminated based on the dismissal with prejudice of the underlying claimant’s claims.

Adam Gordon and Candice Cosby obtained partial summary disposition of Plaintiff’s claims for entitlement to first-party claims of medical expenses and medical mileage in the Wayne County Circuit Court. In regard to Plaintiff’s claims for medical expenses, it was argued that Plaintiff’s claims of allowable expenses were barred by assignment as well as release. Additionally, Plaintiff failed to make any claim for medical mileage, nor provided any reasonable proof of any sort to be provided, therefore, making Plaintiff’s claim to not be ripe. In granting Defendant’s Motion for Summary Disposition, the Court reasoned that it was Plaintiff’s obligation to provide evidence to support its claims, and had failed to do so.

The Shareholders of Vandeveer Garzia are pleased to announce that Jim Thome, a former Shareholder of the firm and now “of counsel”, has written a full length book that has now been published. The book is entitled:

Letters From Home – The Story of an American Family During World War II – In Their Own Words.

Jim spent his entire legal career at Vandeveer Garzia. He started with the firm as a law clerk and became a licensed attorney in 1975. Jim was promoted to Partnership in 1983 and held many managerial positions with the firm including serving as President of the firm from 2007 to 2010. While at the firm Jim wrote many professional articles for various publications. Jim retired as a Shareholder from the firm in 2015.

Jim and his wife recently moved to the Portland, Oregon area to be close to two of his four children. We congratulate Jim on the publication of his first book. The book can be purchased at the following web sites:

Letters From Home By James K. Thome (xlibris.com)

Letters from Home: The Story of an American Family During World War II in Their Own Words: Thome, James K.: 9781664139916: Amazon.com: Books

Letters from Home: The Story of an American Family During World War Ii – in Their Own Words by James K. Thome, Paperback | Barnes & Noble® (barnesandnoble.com)

Sajid Islam obtained a successful result in the Michigan Court of Appeals where the Court affirmed the trial court’s Order granting Allstate’s motion for summary disposition. Specifically, the plaintiffs sought homeowner’s insurance benefits for damage to their property, which allegedly occurred suddenly and without warning. Sajid filed a motion for summary disposition arguing that the claim was excluded under several provisions of the policy, as the damage to plaintiffs’ property was the result of wear and tear, water damage, rust, corrosion and failure to maintain over the course of several years predating the date of loss. The trial court granted Sajid’s motion for summary disposition dismissing plaintiffs’ claims with prejudice.

The plaintiffs appealed the trial court’s decision alleging that the trial court erred in granting the motion for summary disposition, as the exclusions contained in the policy were ambiguous and the claims should not have been excluded under the terms of the policy. Sajid filed an appellate brief and presented oral arguments arguing that the exclusions were not ambiguous as they were subject to just one reasonable interpretation. Sajid further argued that there was no genuine issue of material fact that the plaintiffs’ claims were caused by long-standing issues and did not occur suddenly and without warning. The Court of Appeals agreed and affirmed the trial court’s decision.

Donald Brownell and Sajid Islam successfully obtained an Order from the Court of Appeals affirming the trial court’s Order granting their Motion for Summary Disposition. The underlying suit involved Plaintiff’s request for a declaratory judgment stating that “diminished value damages” were recoverable under the Michigan No-Fault Act’s mini-tort provision, MCL 500.3135(3)(e), from the Defendant insurers as a result of damage to vehicles owned by GM resulting from motor vehicle accidents caused by the Defendants’ insureds. Don and Sajid filed a motion for summary disposition and argued that there were several issues with Plaintiff’s claims, each of which required summary disposition. The circuit court granted Don and Sajid’s Motion for Summary Disposition and declined to exercise its jurisdiction to enter a declaratory judgment as permitted by MCR 2.605 in light of the multiple deficiencies in Plaintiff’s claims.

Plaintiff appealed the trial court’s decision declining to exercise its jurisdiction to enter a declaratory judgment, and asserted that the trial court abused its discretion. Don and Sajid, along with the counsel for the other Defendant insurers, filed an appellate brief arguing that the trial court did not abuse its discretion, as it extensively considered the multiple issues with Plaintiff’s claims in reaching its decision and lacked subject matter jurisdiction to enter a declaratory judgment in the first place. After oral arguments in the Court of Appeals, the Court issued an Opinion and Order finding that the trial court lacked subject matter jurisdiction to enter a declaratory judgment, as mini-tort claims were capped at $1,000 and district courts have exclusive jurisdiction over claims that do not exceed $25,000. As such, the Court entered an Opinion and Order affirming the trial court’s decision.

Sajid Islam and Massimo Badalamenti obtained partial summary disposition of Plaintiff’s first-party claim for wage loss benefits against their client. Specifically, Plaintiff claimed entitlement to wage loss benefits she would have earned as a professional flute player in a symphony orchestra but for the motor vehicle accident at issue. However, through the course of discovery Sajid and Massimo obtained evidence that Plaintiff was still in school to become a professional flute player at the time of the accident, she had never been offered employment as a professional flute player at the time of the accident, she had never earned any income as a professional flute player at the time of the accident and that she had never been employed as a professional flute player. Sajid and Massimo prepared a Motion for Partial Summary Disposition arguing that Plaintiff’s claim was entirely speculative, and the wage loss she sought was not for wages she would have earned but for the accident. As such, Sajid and Massimo argued that the wage loss claim was based on potential earnings and was not compensable under the Michigan No-Fault Act. The Court granted the Motion based upon the parties’ briefs.

Sajid Islam successfully obtained partial summary disposition of certain claims for first-party No-Fault benefits. Specifically, Plaintiff claimed entitlement to the balance of certain bills from a provider despite partial payments by the insurer. Sajid drafted a Motion for Summary Disposition and argued to the Court that there was no genuine issue of material fact that the insurer complied with its duty under the Michigan No-Fault Act to pay a reasonable charge, Plaintiff suffered no harm from the partial payments made by the insurer, there was no suit against or threat to sue Plaintiff by the provider, and that Plaintiff’s loss was merely hypothetical. Plaintiff also claimed entitlement to other medical expenses, which Sajid successfully argued were barred by prior Release or statute of limitations. After oral arguments, the Court agreed with Sajid and granted the Motion for Partial Summary Disposition, disposing of a bulk of the Plaintiff’s claims.