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NICO VESPRINI AND ANDREW BARRETT WIN TRIAL FOR CLIENT IN MACOMB COUNTY CIRCUIT COURT IN AUTO v. PEDESTRIAN CASE

Nicolas Vesprini and Andrew Barrett recently received a defense verdict of “No Cause of Action” in an automobile negligence trial in Macomb County Circuit Court.

Plaintiff, a pedestrian who was walking through a parking lot of a shopping center, alleged that Defendant struck her, causing injury.  Plaintiff alleged Defendant was negligent in the operation of her vehicle through the parking lot, and should have been able to avoid the accident.  As a result of the incident Plaintiff alleged she suffered various injuries, including a torn meniscus in the knee resulting in surgery, ongoing pain, and an inability to partake in multiple social activities.  Plaintiff claimed her injuries were a serious impairment of an important body function and sought $750,000 in damages from the jury.

Defendant testified that she used due care and caution while driving in the parking lot and was not negligent in causing the accident.  Further, Nico and Andy presented evidence, including medical testimony from an orthopedic surgeon and neurologist, that to the extent Plaintiff alleged injuries from the accident, the conditions were pre-existing in nature.  In turn, Nico and Andy argued that Plaintiff did not meet the “serious impairment” threshold and her general ability to lead her normal life had not been affected.

At the conclusion of the trial, the jury agreed with Defendant, and found that she was not negligent in causing the accident.

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NICO VESPRINI WINS DISMISSAL OF WAGE LOSS CLAIM

Plaintiff filed a claim for first party no-fault benefits against his automobile insurance carrier.  In part, Plaintiff’s claim was for lost wages.  Plaintiff was unemployed for a number of years before the accident, but alleged the week before the accident he was offered employment with a construction company.  Plaintiff alleged that if he was not injured in the accident, he would have been employed working full time for the construction company.  Prior to litigation, Plaintiff provided his insurance carrier with a letter from the owner of the construction company as “proof” of his potential employment.

During the course of litigation, Nicolas Vesprini subpoenaed Plaintiff’s alleged employer, the owner of the construction company, for deposition.  As a result of the deposition testimony elicited, Nico filed a motion to have Plaintiff’s claim for lost wages dismissed.  Nico argued that despite the letter, there was no offer of employment made to Plaintiff and that Plaintiff failed to meet his burden that there was work available at the construction company for Plaintiff to perform, regardless of Plaintiff’s alleged injuries.  Nico further argued that the “proofs” submitted by Plaintiff were insufficient and failed to meet the standard under the Michigan No-Fault Act to recover lost wages.

After briefing and oral argument, the Court agreed with Nico and dismissed Plaintiff’s claim for lost wages.

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