Plaintiff v State Farm (PIP benefits )

Jose Pete Font and Deniz Cankaya (Broward/Ft. Lauderdale, FL) (Automobile Liability/PIP) obtained a defense verdict after a multi-day trial for State Farm. Pursuant to an assignment of benefits, the Plaintiff sought payment of PIP benefits for a course of chiropractic treatment that was allegedly rendered in relation to a motor vehicle accident that occurred on May 29, 2009. The course of care commenced on June 1, 2009, and continued until March 4, 2010. There were hundreds of medical service charges at issue, the majority of which were paid by State Farm pre-suit, but at a reduced rate that was deemed reasonable by State Farm. Plaintiff challenged all the reductions, as well as a series of service charges that State Farm denied pre-suit, on the basis that they were not reasonable, necessary and related. The Honorable Robert Lee granted Mr. Font’s motion for directed verdict as to all service charges and held, among other things, that the cross-examination of the chiropractor (Joseph Buckley, DC) established that the chiropractic records were untruthful and unreliable.