Schedule a Consultation | Toll Free: 1-800-678-1307
Trial lawyers specializing in personal injury and civil litigation

Court sends tibia fracture back for examination of "serious impairment"

Reacting to the recent McCormick decision, eliminating the Engler-era "life-altering" interpretation of "serious impairment," the Court of Appeals remanded Trieb v. Powell to the trial court.  Trieb suffered injuries including a fractured tibia, however, the lower court had concluded that her claim was barred by the Kreiner holding that an injury is not "serious" unless it has long-term, life-altering consequences.  Under the newer standard (which was the existing standard for several decades before Kreiner) the injury victim can sue if she establishes that the injury "seriously impaired an important bodily function."

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262