Serious Impairment: Reversed and Remanded
Plaintiff was injured in a 2017 motor vehicle accident. Prior to the accident, Plaintiff suffered from two congenital defects, Klippel-Feil syndrome and Sprengel’s deformity. These pre-MVA conditions caused Plaintiff certain medical conditions, including a shortened neck with restricted mobility, chronic neck and back pain, and headaches.
After the motor vehicle accident, Plaintiff complained of worsening pain. The pain caused him to become incapable of performing certain activities that he was able to do before the accident. He sued the Defendant for his bodily injury damages. The case was summarily dismissed premised upon Defendant’s argument that Plaintiff had failed to establish that he suffered a threshold injury or that the accident caused his injury.
On appeal, the decision was reversed and the case was sent back to Trial Court. The Appellate Court deemed that there was a genuine issue of material fact regarding whether the motor vehicle accident aggravated Plaintiff’s pre-existing conditions. The main issues considered by this appellate panel was whether Plaintiff met the objectively manifested requirement for a threshold injury (barely according to the appellate decision) and whether Plaintiff had a changed ability to lead a normal life (Plaintiff testified sufficiently to create a question of fact according to the appellate decision).
Click on the link to read the full opinion in Jones v. Smith.
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 reconstructionists, 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.
Visit Alexander & Angelas online at https://www.alexanderandangelas.com/ for more information. Partner Peter A. Angelas is available to discuss a confidential matter.
Bigstock Photos