Battle of medical experts must proceed to trial: summary disposition for Auto-Owners reversed
The family of Joseph J. Favazza sued Auto-Owners, arguing that it should pay for medical expenses incurred by Favazza after he suffered a phrenic nerve injury in a motor vehicle collision. Favazza also suffered from COPD and emphysema after years of smoking. His doctors, as well as consultants from the University of Michigan and the Mayo Clinic, disagreed with regard to whether his severe shortness of breath was caused, in part, by phrenic nerve injury caused by the motor vehicle collision. The Court over-turned a trial judge's dismissal of the case. Given the disagreement among the experts, the court was obligated to set the matter for trial and could not decide the issue by summary disposition.