Mashner v Allstate Insurance Company

Thursday August 6, 2020

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.

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