Court holds injured shoulder is not a "serious impairment"

Steven Yursco sued the at-fault, Justin Swanson, and others, including his own Underinsured Motorist Coverage insurers, after his shoulder was injured in an August 2007 motor vehicle accident. Yursco sustained a fracture in his shoulder that impaired the movement and strength of the shoulder. He underwent physical therapy and was able to return to work as a fork truck driver within a couple of months. Yursco testified that he still lacks strength and normal range of motion in the injured shoulder but could not document any particular impairments in his work, recreation or domestic life resulting from the residual limitations. As a result, the Court of Appeals held that under the so-called Kreiner standard, he did not suffer a "serious impairment of bodily function."