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This third-party auto-negligence wrongful death action arose from a May 11, 2023 collision in Livonia involving the 81-year-old plaintiff.
The defendant, operating a company work van, failed to yield striking the passenger side of the plaintiff’s vehicle. Although the plaintiff initially attempted to manage his symptoms conservatively, follow-up imaging confirmed a left femoral neck fracture.
In the weeks and months that followed, his health declined sharply due to the exacerbation of his previously well-controlled Parkinsonism. As a result, his mobility deteriorated. He began falling, had multiple emergency hospitalizations, severe functional regression, seizure activity, and eventual cardiopulmonary collapse. Despite aggressive medical treatment and rehabilitation efforts, the plaintiff ultimately passed away in March 2024, 10 months post-collision.
The plaintiff alleged that the trauma from the crash set in motion a progressive and irreversible decline that otherwise would not have occurred, supported by testimony from treating physicians and an independent medical expert concluding that the collision accelerated and materially contributed to the plaintiff’s deterioration and death. The defense focused primarily on causation, contending that the plaintiff’s age and pre-existing medical history, including Parkinson’s disease, cardiac issues, and renal conditions, were the true causes of his decline rather than the crash.
After extensive litigation, depositions, expert testimony, and facilitation, the case resolved for $1.65 million.
Plaintiff’s counsel submitted the case information.
Action: Motor vehicle negligence
Injuries alleged: Left femoral neck fracture, exacerbation of Parkinson’s, severe functional regression, seizure activity, cardiopulmonary collapse, ultimately death
Case name: Casselman v. Smith & B&C Ten Air HVAC Systems
Court/case no.: WCCC/24-007685-NI
Judge: Withheld (settled)
Amount: $1.65 million
Date: March 27, 2025
Attorneys for plaintiff: Anthony J. Nardone, Macomb Law Group, Clinton Township
