NICOLAS A. VESPRINI is a Partner at Vandeveer Garzia. He focuses his practice on defense litigation in Catastrophic First Party automobile claims, third party auto negligence, personal injury, premises liability and general negligence. Nico represents various national clients and several major insurance carriers throughout the State of Michigan. Nico has tried cases in both State and Federal Court and has argued before the Michigan Court of Appeals. He has also presented at seminars before insurance carriers on various No-Fault topics. While attending the University of Detroit Mercy School of Law, Nico was the Executive Director of Moot Court, a member of the National and State Moot Court teams, an active member of the Student Bar Association Board of Governors, and a Book Award recipient.
Oakland University, B. S. Psychology, 2000
University of Detroit Mercy School of Law, cum laude, J.D. 2003
State Bar of Michigan 2003
United States District Court, Eastern District of Michigan 2003
United States District Court, Western District of Michigan 2003
State Bar of Michigan
American Bar Association
Association of Defense Trial Counsel
Michigan Super Lawyers, “Rising Star”, from 2011 to 2018
Progressive Michigan Insurance Company v. Hudson Insurance Company
Nico Vesprini and Kaitlynn Milroy obtained a summary disposition in Washtenaw County Circuit Court in a declaratory judgment action that they filed on behalf of Progressive Michigan Insurance Company. Mr. Moore, a truck driver and Progressive’s insured, was involved in a motor vehicle accident within the course and scope of his employment. He sustained burns on a large portion of his body following the accident and his post-accident medical bills were in excess of $600,000.00. The declaratory judgment action was filed for the Court to determine: (1) Mr. Moore’s employment status at the time of the subject accident and (2) any and all potential benefits available to Mr. Moore, including both the order of priority for his PIP benefits and his potential for worker’s compensation benefits. The declaratory judgment action named Mr. Moore’s potential employers and their personal No-Fault insurers, along with Mr. Moore’s personal health insurer, as defendants in the suit. In addition, two of Mr. Moore’s treatment providers intervened in the action.
Kaitlynn Milroy prepared a Motion for Summary Disposition, which was argued before Washtenaw Circuit Court Judge Carol Kuhnke by Chris Hildebrandt. In this Motion, we argued on behalf of Progressive that Mr. Moore was an employee of B&W, the trucking carrier, at the time of the subject accident and, thus, B&W’s No-Fault insurer Hudson Insurance Company was highest in the order of priority for the payment of Mr. Moore’s PIP benefits. This argument was based primarily upon the great amount of control that B&W has over its truck drivers pursuant to the “economic reality” test put forth in Parham v Preferred Risk Mut. Ins. Co. Hudson also filed a competing Motion for Summary Disposition, arguing that Mr. Moore was an independent contractor, rather than an employee of B&W, and that Progressive was highest in the order of priority accordingly. Judge Kuhnke ultimately denied Hudson’s Motion and granted Progressive’s Motion and in doing so, ruled that Mr. Moore was an employee of, B&W. Therefore, Hudson was deemed highest in priority for the payment of all of Mr. Moore’s past, present and future PIP benefits.