Attorney Jonathan Brown Successfully Obtains Motion to Dismiss in Case Filed by MRI Facility
Judge Meinecke (44th District Court – Royal Oak) granted Motion to Dismiss a case filed by an MRI facility based on repeated discovery violations in a case handled by CMDA attorney Jonathan Brown. In granting the Motion, the Court dismissed the facility’s entire action, with prejudice, just weeks prior to the scheduled start of trial. The main dispute in this matter was allegedly unpaid medical expenses related to MRI scans pursued by the MRI facility.
As part of discovery, Mr. Brown requested the facility produce the MRI films for the subject scans at issue. Despite multiple requests, the facility failed to produce the requested films for nearly 12-months after the initial requests. Eventually, Mr. Brown filed a Motion to Compel production of the MRI films which was granted by the Court. In time, the facility violated the Court’s Order by failing to produce the requested MRI films within the prescribed timeframe.
Upon the facility’s violation of the Court’s Order, Mr. Brown filed a Motion to Dismiss the facility’s claim, with prejudice. The Motion was based not only on the facility’s violation of the Order, but also in the fact that it had continuously refused to produce crucial and material evidence critical to a proper defense. Mr. Brown illustrated the extensive efforts made to obtain the films all of which were rebuffed or ignored by the facility. Ultimately, the Court agreed that the films were indeed crucial evidence in this matter and that the facility was given ample opportunity to remedy the issue and produce the films. Finding no lesser sanction was appropriate, the Court dismissed the facility’s entire action, with prejudice.
The dismissal of the facility’s action came just weeks prior to the scheduled jury trial. In practice, the dismissal saved the client extensive and needless legal spend related to trial preparation in a matter where the facility was actively refusing to provide critical evidence.
Jonathan D. Brown is an attorney in our Livonia office where he focuses his practice on insurance defense matters, including first-party no-fault, third-party auto negligence, and insurance fraud. Mr. Brown has achieved several successful outcomes for his clients in a variety of complex matters and understands the importance of extensive preparation and knowledge of each case and its unique components. He may be reached at (734) 261-2400 of email@example.com.
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