Plaintiff Appeals Summary Disposition; Reversed and Remanded
Defendant rear-ended Plaintiff in an April 2019 MVA. Plaintiff was taken to the hospital and diagnosed with acute cervical, thoracic, and lumbar spine strains. She continued to suffer from lower back pain that restricted her from walking, standing, and sitting for periods longer than 5 to 10 minutes.
Medical records obtained during discovery showed that Plaintiff had pre-existing chronic lower back pain in 2017 and 2018. Plaintiff alleged that Defendant’s negligence led her to suffer from serious impairment of body function. The Trial Court found no evidence that the 2019 accident caused an objectively manifested impairment. The Trial Court granted summary disposition to Defendant. Plaintiff appealed.
On appeal, the Michigan Court of Appeals held that it was inappropriate for the Trial Court to grant summary disposition. There was evidence in Plaintiff’s medical records immediately following the accident showing acute neck and back strains which diminished her ability to sit, stand and walk as compared to her ability to perform these tasks prior to the MVA. Thus, summary disposition was not appropriate. If the evidence is conflicting, summary disposition is inappropriate. The case was remanded for the trier of fact (jury) to determine whether Plaintiff’s post-MVA lifestyle met the serious impairment criteria.
Click on the case name to read the full decision: Smith v Auto Club Ins. Ass’n (unpublished)
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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.
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