MBL’s Appeals Team, led by Executive Partner Kaitlyn Cramer, has secured another significant victory for an insurance client—continuing an exceptional record of appellate success that includes nearly 10 favorable outcomes from the Michigan Court of Appeals and a favorable published opinion from the Michigan Supreme Court in just 15 months.

In its latest win, the Michigan Court of Appeals affirmed a favorable jury verdict successfully defended by MBL. The plaintiff had sought more than six figures in benefits, but the jury awarded only a fraction of the claimed wage loss and no medical expenses.

On appeal, the plaintiff raised more than a dozen claims of error regarding the trial court’s handling of the case and argued that the jury’s verdict was inconsistent because it awarded limited wage-loss benefits but no medical-expense benefits. The Court of Appeals rejected those arguments and affirmed the verdict, agreeing that most of the claimed errors had been waived because the plaintiff failed to preserve an objection at trial.

A central issue involved a substantial bill from a well-known medical provider that was excluded on the eve of trial. Although the provider and plaintiff had executed a revocation of an assignment, MBL successfully argued that exclusion of the bill was warranted as a discovery sanction because it had never been produced or claimed during the litigation.

MBL also demonstrated that the trial court’s decision was supported by the Court of Appeals’ opinion in C-Spine Orthopedics, PLLC v Progressive Michigan Insurance Company, another appellate matter handled by MBL. Even after the attempted revocation, the claim for the previously undisclosed bill remained barred by the One-Year-Back rule.

The Court of Appeals further agreed with MBL that juries must evaluate each category of claimed No-Fault benefits independently. A limited award of wage-loss benefits does not require a corresponding award of medical expenses, particularly when the jury determines that the plaintiff failed to meet the burden of proving those expenses.

MBL also successfully defended the verdict against challenges involving voir dire, the production and admission of exhibits, and impeachment evidence, preserving the favorable trial result for the client in its entirety.

This decision is the latest in a sustained series of appellate successes achieved under Cramer’s leadership and MBL appellate attorneys Kim Cloud and Jeremy Bass. Cramer is a member of the Michigan Supreme Court Advocates Guild, whose membership is limited to attorneys who have argued before the Michigan Supreme Court. She also serves on the State Bar of Michigan’s Appellate Practice Section Council.

Read the full Opinion here.