Michigan Car Accident Victim With Shoulder Injury Has Case Reinstated
Under the Michigan No-Fault, law a person cannot sue a negligent driver for non-economic damages (pain and suffering etc.) unless his or her injury results in: (1) serious impairment of body function; (2) death; or (3) permanent serious disfigurement. MCL 500.3135. 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 “serious impairment” element in this statute 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.
However, in Donovan v. Metro Plant Service, Inc., unpublished opinion per curiam of the Court of Appeals, decided March 6, 2008 [Docket No. 275373], the Michigan Court of Appeals reversed a trial court’s dismissal of an injured person’s case involving a serious shoulder injury sustained in an auto accident. The Court stated that Mr. Donovan’s injuries affected his “ability to lead his normal life” which is part of the test under the “serious impairment of body function” threshold. In making this determination, the Court applied the standards set forth in Kreiner, supra and cleared up many of the inconsistencies in which Kreiner, supra has been applied.
In that case, Mr. Donovan required arthroscopic surgery after he injured his shoulder in an auto accident. After the surgery he underwent four weeks of physical therapy. In the one- to two-month period immediately after the surgery, he could not, work, drive, groom and dress himself, perform chores around the house and he was unable to raise his left arm more than six inches away from his thigh. He was generally unable to engage in normal daily activities or his usual routine. Further, he had to sleep in a reclining chair because he could not sleep laying flat. Also, he was also forced to rely on his fiancée, father, and friends to assist him with basic tasks associated with daily living, including the simple task of buttoning his clothes.
The Court held that these facts were sufficient enough to show that the impairment affected his “general ability to lead his normal life.” Notably, the Court held that the No-Fault statute “has no express, and we believe no implicit, time component.” This decision is important because it reaffirms that a period of impairment of short duration can satisfy the serious impairment test, if the impairment is extensive with respect to the limits it places on an injured persons life. In this regard the Court stated that “the course or trajectory of a person’s life can be affected, if even momentarily, by a devastating, yet short-lived impairment…”
This well written decision is a much needed victory for persons injured in auto accidents in Michigan, because it clarifies prior misinterpretations and misapplications of the No-Fault Statute and the Kreiner, supra. decision.
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- Court Dismisses Lawsuit Filed By Michigan Soldier Injured In Car Accident
- Michigan Car Accident Injury: Underinsured Motorist Coverage
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If you have uninsured and underinsured coverage and are involved in a accident with and underinsured person, what is the liability of your insuranc co. if you have 100,000. coverage? If medical bills are 45,000.00 and pip is 47,000. can you sue your insurance co for more money???????????
[...] injury Has Case Reinstated. … Further, he had to sleep in a reclining chair because he could …http://michlawblog.com/michigan-car-accident-victim-with-shoulder-injury-has-case-reinstatedAbout – Shoulder arthritisIndividuals with shoulder arthritis often have pain at night that prevents [...]