Alleged MVA Injuries Failed to Rise to a Serious Impairment
Michigan is a no-fault state. For a plaintiff to sustain a bodily injury claim against an at-fault motorist, the plaintiff must show that he or she has suffered a serious impairment of an important bodily function which is objectively manifested and which “affects the injured person’s general ability to lead his or her normal life…”
In Quint v Estate of Tibbits, the Plaintiff was a legally incapacitated person before the MVA. The Plaintiff was involved in a minor MVA with the Defendant and thereafter filed a bodily injury claim asserting that he had suffered a serious impairment injury. Plaintiff’s diagnosed injury was a non-displaced fractured iliac and a cut on his wrist. Defendants moved for summary disposition claiming that there was no genuine issue of material fact as to whether Plaintiff had suffered a serious impairment as a result of the crash. Defendants maintained that Plaintiff’s life continued normally life after the accident. The Trial Court denied the motion for summary disposition. On appeal, the Michigan Court of Appeals reversed and entered judgment favorable to the Defendants.
For the injury or condition to be sufficiently impairing requires, “someone other than the injured person [to] …... observe or perceive [the condition or symptom] as impairing a body function.” The Court of Appeals reasoned that after comparing the Plaintiff’s pre-and post-accident ability to lead his normal life “there was no appreciable difference.” As such, the Trial Court erred when denying the motion for summary disposition. Click on the link to read the entire case.
ABOUT ALEXANDER & ANGELAS, P.C.
Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees and strives to resolve matters within one year from initial case assignment.
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