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Kerry Lynn Rhoads achieved summary disposition for a client in Oakland County, Michigan using the Threshold Defense in a case involving a bodily injury claim allegedly resulting from a motor vehicle accident.
While a case evaluation panel assessed the plaintiff’s bodily injury claims to be worth $55,000, Kerry's Motion for Summary Disposition, utilizing the Threshold Defense and the plaintiff’s medical history, showed the plaintiff’s “general ability to lead [her] normal life” was not sufficiently affected and that her treatment had been minimal after the accident in question. This conclusion was particularly relevant given the plaintiff’s extensive prior medical history and several previous motor vehicle accidents that led to her limited lifestyle prior to the accident and thereafter.
This decision is the second threshold win for Kerry's clients in the past year proving this defense remains a viable strategy under the Michigan No-Fault Act and, most recently, its amendments and their impact on third party claims.