Court overturns absurd "serious impairment" decision
In its recent decision in Caiger v. Oakley, et al., the Court of Appeals unanimously reversed a St. Clair County judge's dismissal of Donald Caiger's injury claim. Caiger suffered a knee injury in a car accident caused by Oakley in 2005. Within weeks, Caiger's doctor performed arthroscopic surgery on the knee, and 11 months after the collision Caiger was forced to undergo a knee replacement.
The reviewing court noted that Caiger had now undergone nearly a year of severe pain, two surgeries, including one major reconstruction, and demanding physical therapy. Limitations on the knee precluded him from returning to his career as a painter, even though he had given up that occupation for financial reasons, and he had also been forced to give up his woodworking hobby. He would have to live with mild residuals including pain, restrictions on activity and reliance on an artificial joint for mobility.