Corporate vehicle crossed five lanes, crashed into plaintiff

The plaintiff was a passenger in an uninsured vehicle traveling in the left-most lane of Woodward Avenue when a corporate vehicle crossed five lanes of traffic and crashed into her.

The plaintiff was taken to the hospital where she was diagnosed with a fractured elbow and other orthopedic injuries. She had ORIF in her elbow and began PT. The hospital missed the plaintiff's shoulder injury, and she was unable to complete PT because of the shoulder pain. She went to get a second opinion and discovered she had a full rotator cuff tear. She ended up undergoing two additional surgeries on her shoulder and another surgery on her elbow to remove the hardware.

The case was complicated by the fact that the plaintiff has pre-existing conditions, including fibromyalgia, and had minimal income at the time of the crash as she was trying to open her own catering business (she was a wonderful cook). Plaintiff’s counsel turned these negatives into a positive, arguing that her dreams were shattered in the crash along with her bones and she will never be able to open up her catering business. The plaintiff had even signed a lease for her catering business at a commercial storefront and was on the way to pick up ingredients on the date of the crash. The plaintiff was unable to work since the crash.

Shortly before trial, current counsel was brought in to try the case. Plaintiff’s counsel prepared for trial, had demonstratives made up showing her injuries, and some of the plaintiff’s treaters were deposed on video. Dozens of motions in limine were filed and won. The treaters were very supportive including her PCP and ortho, who indicated that she was permanently disabled and in pain, and this would likely get worse with time.

The case went all the way to one week before trial when the insurance carrier switched defense counsel to a local experienced defense trial attorney.

Plaintiff’s law firm provided case information.

Type of action: Third-party auto

Injuries alleged: TBI, shoulder injuries, elbow injuries, aggravation of pre-existing conditions, back injuries

Name of case: Confidential

Court/Case no./Date: Confidential; 04/10/2024

Tried before: Jury

Name of judge: Confidential

Name of mediator: Dan Makarski

Settlement amount: $3,000,000

Most helpful experts: Dr. Herbert Isaac, PCP; Dr. Bradley Sewick, neuropsych; Dr. Shapiro, ortho

Attorneys for plaintiff: Jon Marko and Sheldon Miller, Detroit

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