Michigan Car Accident Back Injury Victim’s Case Dismissed
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In Baalbaki v. Seelow, unpublished opinion per curiam of the Court of Appeals, decided February 5, 2008 [Docket No. 275629 ], the Michigan Court of Appeals upheld yet another dismissal of an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, Mr. Baalbaki’s treating doctors diagnosed him as being “partially disabled” and stated that he was “capable of sedentary work only.” Furthermore, he had to hire sub-contractors to do the same work he used to do in his contracting business, prior to the accident. Moreover, his physicians stated that he required back surgery. In addition, as a result of his injuries he is unable to engage in many of his pre-accident recreational and social activities, such as playing soccer and dancing. Nonetheless, the Court stated that his injuries did not meet the No-Fault threshold of “serious impairment of body function” because his injuries did not ”affect his ability to lead his normal life.” In making this determination, the Court applied the standards set forth in Kreiner.
Unfortunately, Mr. Baalbaki’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:
- Michigan Car Accident Victim With Shoulder Injury Has Case Reinstated
- Michigan Car Accident Victim With Fractured Ankle Has Case Dismissed
- Court Dismisses Lawsuit Filed By Michigan Soldier Injured In Car Accident
- Michigan Car Accident Injury: Underinsured Motorist Coverage
- Michigan Appellate Decision Illustrates Potential Insurance Pitfalls With Rental Cars
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