Court approves dismissal where injury victim did not file bond as condition of pursuing "serious impairment" claim.
In Graham v. Auto Owners Insurance Company, the Plaintiff filed suit after suffering an injury in a motor vehicle collision. Auto Owners was the auto insurer of the victim, providing additional insurance if the at-fault driver was "underinsured". The insurer sought dismissal of the claim, alleging that the Plaintiff wasn't "seriously injured". The Trial Court denied the motion, but conditioned the victim's right to pursue the litigation on filing a bond to cover costs in the event the victim was unsuccessful. The victim refused to post the bond and the case was dismissed. The victim then appealed the court's order requiring a bond. The Appellate Court noted that requiring such a bond is unusual and a disfavored practice, normally. Nevertheless, it confirmed that there were several serious issues in the case which raised sincere doubts about the victim's likely success. On that basis, it upheld the trial court's bond order.