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Court holds that late-identified injuries create question of fact on serious impairment

Sheraille Hinson sued TGI Friday's, Inc., after it served a minor patron Long Island Iced Teas sufficient to achieve a .17 blood alcohol before he ran off the road and hit a tree.  Hinson was injured in the collision.  A fractured femur and other problems were diagnosed and treated surgically at the outset, and she was confined to a wheelchair.  Over the succeeding months, she also struggled with a mild head injury, back problems and an ankle that required surgery.  Most of these issues were not identified when she was first hospitalized.  A doctor did attribute them to the motor vehicle trauma, however. 

TGI Friday's insurer persuaded the trial judge that Hinson had not suffered a "serious impairment of bodily function" despite the fact that she was originally confined to a wheelchair for several months.  On appeal the Court held, unanimously, that Hinson's various injuries, including those that were diagnosed late, created a question of fact for the jury to resolve with regard to whether she suffered a serious impairment.
Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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