Truck Accident Defense Attorney

Posts Tagged ‘michigan supreme court’

            Michigan continues to be a very conservative jurisdiction when it comes to automobile negligence litigation.  Ever since Michigan enacted its No Fault Law in 1982, the state has required a “serious impairment,” death or serious permanent disfigurement for a claimant to be able to meet the tort threshold for maintaining a third-party personal injury case. An injury must also be objectively manifested and result in an impairment of the claimant’s ordinary lifestyle.   

            Recently the Michigan Court of Appeals decided a case in which the plaintiff had suffered a fractured femur which required an open reduction and internal fixation.  The doctors used orthopedic hardware which was retained inside the plaintiff to treat the serious fracture.  The plaintiff was non-ambulatory for a period of several months and used crutches after that – but was unable to return to work for some time.  The Court of Appeals affirmed the summary dismissal of the plaintiff’s case by the Trial Court.  The Trial Court and Court of Appeals determined that this injury did not meet the serious impairment threshold. The Court determined that the man’s broken femur had not affected his general ability to lead a normal life because the man could still walk, albeit with a walker and crutches.

             This case illustrates how serious an automobile injury must be before being allowed to get a case to the jury.  Adjusters handling these types of cases need to be familiar with the ever changing case law in this area.

            But the times, they are a changing!! The Michigan Supreme Court recently entertained oral argument which may reverse years of conservative case law.  During oral arguments, the justices seemed fixated on the issue of duration; i.e. how long a person was disabled as a result of an automobile injury. Most attorneys handling personal injury law agree that the Michigan Supreme Court will lower the standards needed to bring a personal injury automobile negligence case. Stay tuned!  

Alexander & Angelas, P.C., devotes a great deal of its practice to representing defendants in catastrophic trucking and automobile negligence cases.  We have handled very complex, high severity claims for numerous national corporations and insurers.  Recent cases have involved double amputations, multi-million dollar insurance coverage disputes and wrongful death actions. We practice in all State and Federal Courts in Michigan and maintain an active membership with the Trucking Industry Defense Association (TIDA), and Michigan Defense Trial Counsel.  For the past 20 years, we have been listed in the A.M. Best Directory of Approved Insurance Defense Attorneys.   

Alexander & Angelas, P.C. also maintains a 24 Hour Emergency Response Service. The law firm is associated with several independent adjusters positioned throughout Michigan, mechanical engineers who can arrive at an accident scene in Michigan within hours, civil evidence photographers and other qualified and appropriate first-responders.  In a catastrophic emergency situation, your company can activate our 24 Hour Emergency Response Service by calling the following telephone numbers:           

Office: (248)  290-5600  or  (800)  219-0007

Home: (248)  697-9605       

Cell: (248)  330-5584  or  (248) 808-0560

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