MICHIGAN’S AUTO ACCIDENT LAW COULD CHANGE
Author: Michael P. Risko
Date: 10/06/2009
In July, 2004, the Michigan Supreme Court issued a decision in Kreiner v Fisher that made it much more difficult for individuals injured in an automobile accident to obtain compensation for their injuries. In Kreiner, a minimal majority of our Supreme Court determined that in order to recover damages for noneconomic loss, a plaintiff must prove that he has an injury that affects his general ability to lead his normal life and ultimately affects the course or trajectory of his normal life. The end result of the Kreiner decision has been that numerous plaintiffs with serious injuries have had their claims dismissed by various courts because those plaintiffs, through hard work and perseverance, were able to return to some semblance of a “normal life.”
On August 20, 2009, the newly reconfigured Michigan Supreme Court (former Justice Clifford Taylor was replaced by Justice Diane Hathaway) determined that it would consider a lower court’s dismissal of the claim of Rodney McCormick, whose case had been dismissed by the Genesee County Circuit Court. Mr. McCormick was badly injured in January, 2005, through no fault of his own, when a truck backed over his left ankle. Mr. McCormick sustained a serious fracture of his left ankle, has had two significant surgeries and now has a degenerative joint disease in the ankle.
The lower court had dismissed Mr. McCormick’s claim, based upon Kreiner, because the judge believed that the injury did not affect the “course and trajectory” of Mr. McCormick’s normal life. That decision was upheld by the Michigan Court of Appeals, again, based upon the Kreiner decision. The Michigan Supreme Court has issued an Order indicating that it will consider the determinations made by the lower courts. It is widely believed that the Michigan Supreme Court will likely reverse the Kreiner decision and reinstate a threshold that will result in more accident victims being able to recover compensation for their serious injuries.
If you have questions regarding compensation or insurance benefits related to an automobile accident, please give our office a call. We can provide answers to your questions or a free consultation at your convenience.
