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Woman's case dismissed when she failed to post security bond

Danielle Madej sued three defendants after she was injured in a car accident.  She presented medical evidence supporting her injury claim, and the Defendants filed evidence contesting it.  The defendants also too surveillance video of Madej.  Plaintiff characterized the video as depicting a "depressed individual walking slowly," while the Defendants argued it showed her bent over in a vehicle at one point, and also kneeling on her way to her home from the car.  In another video, she also crossed a gas station lot and entered a Jeep Cherokee "without incident." Her other behavior on that day, including entering and leaving a liquor store and dollar store with the driver of the vehicle, removing her hair from a pony tail, and walking or jogging to another vehicle,  was characterized as "not comport[ing] with her claims of pain."

On this basis, the trial judge required her to post a security bond in order to pursue her injury claim.  When she didn't post the bond, her claim was summarily dismissed.  The higher court ruled that the judge's factual findings in granting the bond request were not "clear error" and that Madej's inability to pay for a bond was not relevant.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
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