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Victory! Moss & Colella Receives Full Value Benefits for Parking Lot Accident Victim, Despite Defense's Vigorous Character Assault

February 13, 2020

Nearly $700,000 verdict awarded following plaintiff counsel's strategic preparation

Media contact: Barbara Fornasiero, EAFocus Communications, 248.260.8466;

Southfield, Mich. --- February 12, 2020 --- David M. Moss, founding partner of Southfield-based personal injury and civil rights law firm Moss & Colella, P.C., announced victory following a February 5, 2020 decision in Scott David v Farm Bureau General Insurance Company, Macomb County Circuit Court, Case No. 17-003692 NI. Moss & Colella associate attorney Ryan Piekarski served as co-counsel on the case.


In this contentious case for first party, no fault benefits, the only fact the parties could agree on was that the Plaintiff was hit by a Chevrolet Cruze while walking to his car in a Macomb County parking lot. At a week-and-a-half trial conducted in front of Judge James Maceroni, the Defendant insurance carrier, Farm Bureau, accused the Plaintiff of fraud and sought to undermine his credibility by disputing the facts of the accident, the nature and extent of the Plaintiff's injuries, the reasonableness and relatedness of his medical treatment, and the value of his claim for no fault benefits. Because the Defendant had refused to engage in settlement discussions during litigation, this was essentially an all-or-nothing trial that relied heavily on whether members of the jury believed the Plaintiff.

Injuries Sustained in the Accident:

As a result of the impact with the car, Plaintiff suffered a closed head injury, left shoulder tear requiring two arthroscopic surgeries and manipulations under anesthesia, and an injury of his neck requiring surgical fusion after several opinions and extended conservative treatment.

Plaintiff's Claim:

Other than a claim to recover outstanding medical bills (with a total in excess of $450,000), Plaintiff's claim for no fault benefits was relatively inconsequential: just over $1,000 in attendant care, under $10,000 in household replacement services, and nearly $40,000 in loss of income from his small business. Due to the Defendant's failure to pay any benefits over the three-years in which the claim was pending, Plaintiff also sought to recover statutory interest on the entire value of benefits outstanding.

Defendant Response:

The Defendant alleged that Plaintiff had given different versions of the accident to medical treatment providers, exaggerating the severity of the impact, nature and extent of his injuries. Defendant called the EMTs and police officer who responded to the scene as live witnesses and correlated their testimony with the Plaintiff's medical records in support of its allegations. Additionally, the defense relied heavily on discrepancies in Plaintiff's Application for No Fault Benefits, despite Plaintiff's acknowledgment that he had relied on the knowledge and expertise of his counsel to complete the document accurately. The Defendant specifically raised issues with information provided in the application regarding Plaintiff's employment and income, as well as his failure to disclose information regarding prior accidents and injuries, which included a previous rear-end collision resulting in years of treatment, a claim for no fault benefits, and a lawsuit.

To combat the Defendant's allegations of intentional deception, Plaintiff pointed out that Defendant had never sought to speak to him after the accident to obtain a statement or a clarification of questions regarding the claim. Because he was provided an opportunity to correct mistakes or to clear up concerns pre-litigation, Plaintiff and his counsel countered with the fact that Plaintiff's own statements made during the course of litigation - including interrogatories, deposition, and trial testimony - were consistent and accurate to the best of his memory.

Strategy to Win:

The greatest key to the trial's success was preparation on the part of Moss and Piekarski, who had to prepare their client for a case that would be an all-out assault on his character. In order for the jury to find in his favor, "we made it clear to our client that it would be incumbent on him to tell his side of the story clearly and truthfully as defense counsel came at him aggressively with accusations and insinuations that he had attempted to defraud the carrier through lies, mischaracterizations, and omissions," Moss said.

Additionally, the case was document intensive, with a claims file in excess of 8,600 pages, plus voluminous other medical and insurance records. "It was essential that we had a firm grasp of these records in order to combat the Defendant's allegations and make the case that benefits were due and owing," Moss said.

Verdict and Award:

In the end, the jury found Plaintiff to be credible, and entered an award for the full value of all outstanding benefits, in addition to statutory penalty interest, for a total verdict in the amount of $685,192.64. Because the Defendant rejected a case evaluation award of $100,000 (which Plaintiff accepted), Plaintiff now seeks an award of case evaluation sanctions to be added to this figure.

About Moss & Colella

Established in 1997, Moss & Colella represents the victims of personal injury, civil rights violations, discrimination, medical malpractice and wrongful death. The firm is recognized as a leader in complex tort litigation, including excess and deadly force, jail death, sexual abuse and harassment, auto and truck accidents, motorcycle accidents and other serious injury and wrongful death claims. To learn more about the firm and its diverse areas of practice, visit

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Client Testimonials

I HIGHLY recommend David Moss; he exceeded my expectations numerous times, and I feel fortunate and blessed to have worked with him and his team. Moss & Colella attorneys have relentless perseverance and dedication for everyone they represent.
If this firm takes your case, it's in exceptionally experienced hands. The hands of attorneys who care about your well-being and the outcome of your litigation!
When I got into a car accident, my life changed. David and Ryan understood how this change affected my livelihood and mobility. They handled my case professionally, and I couldn't be more thankful for all of the sincere guidance and help provided throughout this process.
Thanks so much for everything!!!

The Burls


 I was referred to Moss & Colella in 2018 following a car accident. I cannot tell you how confident and safe I felt knowing that I was in good hands. David, and Ryan made sure that I always had any questions or concerns addressed in a timely manner. I appreciated their compassion, and understanding as I got emotional, and the reassurance they provided, made me feel important and valued as a client. If you need a great lawyer for an injury, this is your firm! I hope I never need to be in a position where I’d need their help again, but if I did, I’d gladly seek their services!

T. Ray


My son sadly passed after a vehicle accident, it was a hard case. Mr. Moss was our lawyer, he was very helpful, very informative, very up front and put alot of effort into this case. He’s a great man, a honest man and his law firm will do the best with any case brought to them. Everyone at his office was very kind and very helpful. I absolutely recommend them for any of your lawsuit needs.
Very grateful for this firm!

S. Collins


Words can not express how grateful I am for the outcome of this case. It was truly a blessing to have this resolved sooner than expected. But without your help and my faith in your firm along with my faith on God, this may not have been possible. I appreciate everything you have done in orchestrating everything to this resolve, for your time and effort meant the world to me. I thank my friend for putting me in touch with such a talented group of people. You will always be considered my attorneys of choice for anything that comes up in the future that would render your services. This year has definitely been many blessings so far and I welcome many more to come. Thank you again for everything and may you continue to be blessed.


Mother of Client

Very few people on this earth impress me. You are one of the very few. My family and I thank you for all you did. You are a good man!



Other law firms would not take my case, they said it was too complicated. But David Moss took my case and got the result I was looking for in almost no time at all. I’m glad I didn’t listen to those other lawyers.



I just wanted to thank you for putting your time and effort into my case. You did a wonderful job last Thursday. You are what people say you are, a wonderful lawyer.



I do not only count on you as one bad ass lawyer, but also a friend. None of this would be possible without you. My deepest gratitude to you and all of the Moss & Colella team.



I am very relieved and very happy with the outcome. I appreciate everything you and your firm did to see this through and I will be grateful for that always. You all came highly recommended and now I see why based on what you did in helping my son through a very challenging moment in his life. We will always be your fans:) Thank you again and may you always be Blessed…


Mother of Client

Moss & Colella PC goes above and beyond, and then some, to get the results you need and deserve! Since my accident in 2021, in which I broke several bones and am not able to work anymore, my vehicle insurance company dropped the ball. They not only tried to discredit me, but also have been trying to screw me out of what was owed to me. Thank you to David and the whole team for putting their all into my case, I got more than I expected! I am so overwhelmed and appreciative by what they have done for me!



Thanks for another great Colella in Context, Vince. You are helping all of us by taking the time to write your thoughtful column.



Attorney David Moss was referred to me after my car accident, I really did not know what to expect. I met with him and he explained the process well. His office helped me get compensation for missing work because of the accident. He was able to get compensation for my caregiver. He also was able to get all my medical bills from the accident paid by the insurance company. And finally he was able to get me much more from the insurance company than their first offer. He and his staff are professionals. I highly recommend Moss & Colella Law Firm. The other law firms say “they will fight for you”, no Attorney Moss will fight for you. Give his office a call and let them handle your case.

Dana Darby


I was referred to Moss & Colella PC after the accident I was in. I could not have made a better choice. From the initial conversation I had with Mr. Moss about taking legal action, to the day I received my settlement, Mr. Moss and his team worked diligently and were adamant about getting what was deserved, keeping me informed each step of the way. What I respect the most about this firm is they are straight up with you about what is going on and what the best options are for you. Thank you to David, Ryan, Kelly, Janice and anyone else who had a part in getting this done.

Dame Mitchell


Best choice I ever made going with Moss & Colella. Vince and Wendy were always there for me from start to finish I love you guys and your firm. I highly recommend this firm. Vince and Wendy are smart, sharp and caring people. God bless you guys and your firm thanks for everything

John Bahoura


I was referred to David and I could never be happier!! I had NO Idea how my case would go or if I even had a case.  David was so STRAIGHT UP with me with the process and how things may go and I can honestly say I appreciated that the MOST. The entire staff made me feel so comfortable, they took care of business! I really appreciate you David!!

Breeana Coe


Attorney David Moss, Ryan, and their assistant Kelly were all AMAZING. They were incredible understanding and patient with me and my family. It was like they knew EVERYTHING  we were going through. They were all right by our side going though and explaining every detail. When this ordeal started I ask someone if they knew of a pit bull that would be able to help us. I am so so glad I was referred to Attorney David Moss.

Thomas Hale


I am very pleased with my experience with Moss & Colella, P.C.  The professionalism, and keeping you informed about every detail that took place were outstanding I could not have picked no one better to handle my case I would give them the highest grade that you possibly could give an attorneys office I am very satisfied with how my case was handled

Earl Moore


The firm of Moss & Colella was wonderful they kept me and my family well informed and constantly gave updates in our challenging legal matter. Kept their word and didn't promise anything they couldn't deliver. I would highly recommend this firm for their personal service and depth of legal knowledge which was a win for my family and helped me feel at ease during a tragic time. Thank you. David Moss Great job. Have a great future. Highly recommended law firm

George Baird


The best staff and always on top of everything. They stay in contact with updates and work hard and fast to hep you in every way. Thanks to all that worked on my case love you all.

Brian L


David Moss and the Moss &  Colella team were awesome! I would recommend them to anyone

Lisette Montry


This is a Top-notch Firm.. They explained my options every step of the way. I would recommend them to my closest family and friends.

Greg Sawmiller


Excellent service very professional fully satisfied

Sterling Crutcher


My experience with this law firm has been excellent. They work hard around-the-clock to solve your situation. I was suggest anyone that needed a lawyer whatever situation to contact them.

Deanne Freenan


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About the Firm

The attorneys of Moss & Colella have carefully chosen their career paths to fight for those that have suffered from injury and wrongful death. We believe every citizen should have the right to hire the best lawyer who will actively advocate for their case.

David Moss and Vince Colella have over 60 collective years of personal injury trial experience that provides you a level of legal services and success unmatched by other firms. By working together, we have the ability to find creative, effective, and efficient solutions to even the most complex cases. No matter what situation you face, we will help you get through it.

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