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Summary Disposition
Allison Lazette and Magdich Law were recently successful in arguing a Motion for Summary Disposition in the Wayne County Circuit Court. Plaintiff was involved in a motor vehicle accident, which he claimed to be a cause of an aortic dissection.  However, after deposing all of Plaintiffs' experts, it became clear that none of them could testify that the aortic dissection "arose out of" the motor vehicle accident to establish a prima facie case.  Plaintiffs argued that Defendant could not prove that the accident was not a cause of the accident, so the case should survive summary disposition.  In response, Defendant argued that it is Plaintiff that has burden of proof and Defendant does not need to prove a negative.  The Court agreed with Defendant that Plaintiffs had failed to meet their burden of proof and granted summary disposition in Defendant's favor, dismissing the case with prejudice.