Case Type: First-Party No-Fault Claim for PIP Benefits
Facts of the Case
On January 19, 2015, Cheryl Bolton was a passenger on a Barry County Transit Bus when it collided with a cement light pole in a parking lot located at 900 W. State Street in Hastings, Michigan.
This action involves Ms. Bolton's first-party claims for outstanding Michigan No-Fault PIP benefits arising out of the subject collision and incurred subsequent to Defendant MMRMA's unreasonable termination of Ms. Bolton's benefits.
Types of Injuries and Harm Suffered
- An acute, depressed intro-articular fracture of the left tibial plateau
- A traumatic brain injury with resultant neuropsychological sequela
Other Types of Damages
- Outstanding medical bills
- Outstanding attendant care benefits
- Outstanding lost wages
Legal Issues in the Case
- Etiology of Ms. Bolton's neuropsychological sequela given her age and her prior medical history of suffering from multiple CVA's and ischemic events. The traumatic brain injury formed the basis for much of Ms. Bolton's attendant care claim and for the bulk of her outstanding medical bills, and thus those claimed benefits were heavily disputed by Defendant MMRMA.
- Whether Ms. Bolton's medical care providers were charging usual and customary amounts for the services which they rendered
- Credibility and credentialing of the professional/agency attendant care providers and nurse case manager
- Applicability of the holding in Covenant Med. Ctr. v. State Farm Mut. Auto. Inc. Co., __Mich.__ (2017) (Docket No. 152758) given that this case and its holdings came down from the Michigan Supreme Court after Ms. Bolton's case was settled, which also happened to occur during the period of time while the matter was pending transfer from one circuit court to another, and integration of the holdings into language used in the Release of Claim following settlement of this matter.
What We Did to Win the Settlement
Once the suit was filed, thorugh motion practice, we were able to stave off an attempt to transfer the case from the chosen-venue for this litigation to Barry County. Defendant then filed an appeal of the trial court's denial of their motion for change of venue.
In order to move litigation forward, we were able to compromise with Defendant in this regard and reach a mutually acceptable agreement concerning the venue for the litigation.
We then approached defense counsel with an offer to early facilitate the case, prior to any depositions or written discovery taking palce, and there, equitably resolved the matter on behalf of Ms. Bolton.
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