MBL Attorneys Jason Proctor and James Flynn obtained another dismissal of an Individual Insured in a Third-Party Case, arguing that Plaintiff did not meet the serious impairment threshold of MCL 500.3135. In their Motion, MBL argued that all of Plaintiff’s objective findings and purported lifestyle change were degenerative, or were related to a subsequent fall and ATV accident. After full briefing, the Court agreed with MBL’s argument, finding that Plaintiff failed to provide proof of serious impairment, and dismissed all claims against MBL’s client.

This is Jason and James’ second “threshold” MSD victory in the last month, showing MBL attorneys are aggressively advocating for our clients’ insureds.

Dated: November 4, 2025