Anne Mcardle Obtains Summary Disposition In Um/Uim Case Based On No Serious Impairment; Dale And Connie Freeborg -V- Mic General Insurance Corporation, Genesee County Circuit Court
Plaintiffs were involved in a motor vehicle accident and claimed injuries to their back, neck, and knees. We filed motions for summary disposition as to each plaintiff. As to Mr. Freeborg, we argued that his claimed impairments have not objectively manifested themselves in any fashion. When reviewing the medical record compilations and objective studies, all opinions and conclusions merely indicated subjective complaints of pain, degenerative conditions, and osteoarthritis, and no treating physician found any traumatic related impairment. As to Connie Freeborg, we first asked the court to rule that the plaintiff’s knee injury was not “caused by” the motor vehicle accident as four healthcare experts, including plaintiff’s own primary care physician and orthopedic surgeon, all testified or specifically noted in their medical records that plaintiff’s right knee condition was not related to the motor vehicle accident. When the court agreed, we then argued that plaintiff’s general ability to lead her normal life had not been affected by any injuries she allegedly sustained in the accident as all her noted activities that have been affected pertained to her knee, which was not related. The court agreed and granted summary disposition as to both plaintiffs.