Fero v Franchetti

Wednesday October 13, 2021

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.

Ready to meet
your trusted
legal advisors?

Website Design by Different Perspective