A well-documented injury claim survives the Defendant's Kreiner motion
In Garrett v. Wayne County, the Court of Appeals rejected the Defendant's attempt to secure summary disposition based on the Kreiner interpretation of the "serious impairment of bodily function" threshold. The Plaintiff had suffered a neck and spinal injury, alleged caused when he was struck by Defendant's snowplow. The Defendant asked the Court to find that the victim's doctors' causation opinions were overcome by the causation testimony of the defendant's hired physician consultants. The Court pointed out that weighing this competing medical testimony was not within the Court's province and that summary disposition on this basis would be inappropriate. It was refreshing to see the established rules of court upheld against over-reaching claims of an insurer.