United States District Court, E.D. Michigan, Southern Division
ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL
SUMMARY JUDGMENT (DOC. 20)
COHN, UNITED STATES DISTRICT JUDGE.
a no-fault personal insurance protection (PIP) benefits case
removed from the Wayne County Circuit Court. Plaintiff
Richard Hemphill (Hemphill) is suing Defendant Allstate
Insurance Company (Allstate) for benefits related to injuries
he sustained in a car accident. Hemphill's complaint
(Doc. 1) is in two counts:
Count I: Breach of Contract
Count II: Declaratory and Injunctive Relief
asks for compensatory damages, interest, costs, and attorney
fees, as well as an injunction preventing Allstate from
denying him no-fault benefits.
before the Court is Allstate's motion for partial summary
judgment on the grounds of fraud (Doc. 20), to which Hemphill
has responded (Doc. 17) and Allstate has replied (Doc. 19).
For the reasons that follow, the motion is GRANTED and
Hemphill's claim for no-fault PIP benefits is DISMISSED.
Though Allstate's motion is for partial summary judgment,
this ruling disposes of the case.
September 30, 2015, Hemphill was riding in the back seat of
his friend Devon Cartwright's (Cartwright) car.
Cartwright was driving; his girlfriend was sitting in the
front passenger seat. Cartwright lost control of the car
while on the highway, weaving back and forth and eventually
striking the median. Soon after, Hemphill was transported by
ambulance to Henry Ford Hospital in Detroit.
records (Doc. 16, Ex. C) state that Hemphill denied losing
consciousness or hitting his head or neck in the accident.
The records also state that Hemphill did not exhibit back
pain, arthralgias (joint pain), neck pain, neck stiffness,
dizziness, or headaches, but did exhibit lacerations on three
fingers, tenderness in the right shoulder, myalgias (muscle
pain), and some blood abnormalities. Hemphill complained of
“pain to the right shoulder and right hand.” An
x-ray taken of his right shoulder displayed “a slight
irregularity of the distal acromion, which is new from prior
radiographs in [May of 2015]. On repeat exam, patient reports
no tenderness at this site point . . . and when offered a
sling, refused it.” An x-ray taken of his right hand
was “unremarkable.” Hemphill's right hand was
wrapped and he was given a prescription for Motrin. Hospital
records state that “[p]atient left AMA, reporting that
he felt fine and wanted to go, refusing monitoring and serial
November 3, 2015, Hemphill signed an application for PIP
benefits through the Michigan Assigned Claims Plan
(MACP). In the application he made the following
1. He suffered injuries to his neck, back, head, right arm,
knees, and hands;
2. He received treatment for his injuries at Henry Ford
Hospital and also from Dr. Sam Hakki (Dr. Hakki);
3. Dr. Hakki was his primary care physician;
4. Medicare was his only form of health insurance;
5. He had no pre-existing health conditions (except that he
was taking medications for schizophrenia and bipolar
6. He received medical bills regarding injuries sustained in
7. He was not “contacted by a doctor's office or
other person about ...