Miami Partner Greg Willis recently won a PIP lawsuit in Miami Dade County. The case was a nine-year-old PIP lawsuit that was transferred to CSK two months before trial. The trial commenced with two days of legal argument over evidence, striking experts and motions in limine. The court struck the defendant’s only expert due to deficient disclosure (not the fault of CSK) and the court entered summary disposition against the carrier on medical necessity, relatedness, and reasonableness of charges. The court then took up argument over whether the plaintiff’s pre-suit demand was legally compliant. The court entered an order granting the defendant carrier summary disposition on the defective demand argument, resulting in a compete victory for the carrier.
Special thanks Cory Gorak who took the deposition of the Plaintiff’s corporate representative/owner: the judge quoted from the deposition in her final order. Also, credit goes to Marlena Simon for research assistance and to Jurana Juarbe and Jennifer Smith for litigation support.
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