Summary Disposition Obtained on Appeal on Behalf of Public Transportation Authority Client of the Firm

Wednesday March 26, 2025

David Houbeck and Veronica Prange obtained summary disposition of a provider PIP claim on Appeal on behalf of their client, a regional public transportation authority.  More specifically, David and Veronica filed a Motion for Summary Disposition with the Trial Court seeking dismissal of a medical facility’s PIP claim for payment of medical equipment allegedly prescribed to an individual who claimed to have been injured while a passenger on public transportation.  The individual alleged that the bus on which the individual was a passenger was involved in a motor vehicle accident.  To the contrary, video of the alleged “incident” confirmed that no motor vehicle accident occurred.  Accordingly, the Motion for Summary Disposition was based on a legal argument that no reasonable juror could possibly conclude that the medical equipment allegedly prescribed for the passenger could have possibly been reasonable or necessary for the passenger’s care, rehabilitation, or recovery for injuries caused by a motor vehicle accident, as required by the Michigan No-Fault Act.  Although the Trial Court initially denied the Motion, David and Veronica filed a successful Appeal to the Wayne County Circuit Court.  Following briefing by the parties and oral argument on Appeal, the Wayne County Circuit Court agreed with the position taken by David and Veronica on behalf of their client and entered an Order dismissing the case in its entirety.       

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