Court Dismisses Lawsuit Filed By Michigan Soldier Injured In Car Accident
In recent years, Michigan car accident victims have had their cases dismissed due in large part to the Michigan Supreme Court’s misinterpretation of the Michigan No-Fault law in Kreiner v Fischer, 471 Mich 109; 683 NW2d 611 (2004). These cases have become known as “Kreiner Casualties” because many people with very serious injuries, (e.g. broken bones requiring surgery), have had their cases dismissed before they even get to a jury.
In Stevenson v. Allstate, unpublished opinion per curiam of the Court of Appeals, decided February 12, 2008 [Docket No. 275501], the Michigan Court of Appeals upheld yet another dismissal of an injured person’s case involving serious back injuries sustained as a result of an auto accident. In that case, the Plaintiff was a sergeant in the United States Air Force. As a result of the accident she sustained an injury to her lower back, which included a bulging disc in her lumbar spine. She required several months of injections and therapy. Moreover, for a year and a half following the accident Sergeant Stevenson was unable to meet the Air Force’s physical testing requirements which resulted in her losing at least $ 78,000 in potential income, a two year delay in a job promotion and the loss of valuable training time. Nonetheless, the Court stated that her injuries did not meet the No-Fault threshold of “serious impairment of body function” because her injuries did not substantially affect her ability to lead her normal life. In making this determination, the Court applied the standards set forth in Kreiner.
Unfortunately, Sergeant Stevenson’s case is only one in a long line of cases where injured people with serious injuries have been denied their day in court because of the Kreiner decision.
Related posts:
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- Utah E. Coli Lawsuit Filed
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