ROIG Lawyers Wins Motion for Final Summary Judgment for Defendant

October 24, 2016

Doral Health Center, P.A. a/a/o Maria Posada v. State Farm Mutual Automobile Insurance Company

Plaintiff filed a first party breach of contract action over disputed PIP benefits. The Plaintiff corporation had subsequently been administratively dissolved and its former owner and treating chiropractor asserted his Fifth Amendment privilege as to all material aspects of the reasonableness, relatedness, and medical necessity of the treatment he allegedly rendered to the assignor/patient, Posada. Furthermore, the original records of Plaintiff were destroyed or lost while in the Plaintiff’s exclusive possession. Purported copies of these records were put forth by the Plaintiff, but the individual who was identified as the Plaintiff’s records custodian had never seen the originals, never done a one-to-one comparison between the originals and the purported copies, and overall could not verify that the purported copies were indeed exact duplicates of the originals. The patient/assignor was unavailable to obtain testimony. On this basis, the Defendant moved for summary judgment, as the Plaintiff had no evidence or ability to prove the elements of its cause of action. Defendant’s motion for final summary judgment was granted.