Dismissal granted on BI claim

Wednesday November 21, 2018

Saar v. Johns

April Malak was granted summary disposition in Oakland County Circuit Court on Plaintiff’s claim for damages stemming from an automobile accident. Defendant alleged the accident was minor in nature, occurring while both parties were in line for gas at a gas station. Plaintiff alleged injuries including those to his neck and shoulder, and also alleged dizziness and lack of concentration, that in turn affected his ability to lead his normal life. During the course of discovery, Defendant obtained medical records and conducted surveillance on Plaintiff. Defendant argued the medical records failed to support an objective injury to the extent claimed by Plaintiff. Further, Defendant obtained surveillance of Plaintiff, which showed Plaintiff participating in hours-long bike rides, and doing outdoor chores, in addition to other activities. In turn, Defendant argued Plaintiff has failed to satisfy the “serious impairment” threshold. The Court agreed and dismissed Plaintiff’s claims.

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