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Court reinstates "serious impairment" claim arising out of herniated disc at C4-C5

This week the Court of Appeals overturned the lower court and reinstated Sharon Casey's lawsuit against Philip Stachlewitz and the Charter Township of Ypsilanti.  The case, arising out of Stachlewitz rear-ending Casey's car at a stop light, had been dismissed when the lower court judge ruled that Casey's herniated disc did not constitute a "serious impairment of bodily function" under the Kreiner standard established by the "Engler Majority."  The Court of Appeals noted that when the McCormick decision overruled Kreiner in the summer of  2010, it also required cases like Casey's to be re-evaluated.

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