Fraser Trebilcock attorney Gary Rogers obtained a "no cause" award for his client following an arbitration hearing held on August 12, 2016 before the Honorable Thomas E. Brennan, Jr.
Plaintiff requested an award of $180,000 at the Arbitration hearing asserting that Fraser Trebilcock's client, an Upper Peninsular physician, was negligent in the operation of her vehicle, causing the Plaintiff to suffer a serious impairment of body function requiring multiple surgeries. Plaintiff established that she underwent substantial treatment for her left knee and left foot including surgeries to both.
Discovery of pre-accident medical records revealed that the Plaintiff had received surgical treatment to both her knee and to her left foot before the automobile accident. Gary was successful in convincing the arbitrator that the Plaintiff was equally at fault in causing the accident and that the injury/treatment she received post-accident were either not the result of the automobile accident or that her injuries did not overcome the serious impairment threshold.
The key to victory was substantial attention to detail and obtaining and carefully reviewing all of Plaintiff's medical records which established issues in regard to Plaintiff's credibility in Plaintiff's attempt to relate her post-accident treatment to her automobile accident.