Court overturns summary dismissal of woman's serious impairment claim
When Martha Donaldson sued State Farm and others after she was struck by a police cruiser, the defendants sought summary disposition, arguing that Donaldson was already disabled and therefore could not have suffered a "serious impairment of bodily function." The higher court reviewed her medical and noted that following the collision, she evidenced new, objectively documented impairments and conditions that had never been diagnosed before. These included a small herniated disc, newly bulging discs, bursitis and cervical radiculopathy, among others. On that basis, the court was presented with a question of fact with regard to whether she met the injury threshold, and her case should not have been summarily dismissed.