Court upholds summary disposition of previously limited bicyclist's claim against motorist, ruling additional restrictions not "serious."
Maurice Fuller was struck by a car driven by Rita Howard. Howard's insurer sought summary disposition of the claim, arguing that Fuller didn't do much before, and therefore the current limitations on his enjoyment of life were just not significant enough to meet the threshold. Fuller suffered bulging discs as a result of the incident, and also claimed tinnitus, headaches and disturbed vision. He claimed that together these issues severely limited his already sparse life. The two affirming appellate judges pointed out that he "didn't have a job, didn't engage in hobbies, didn't play sports and didn't have a girlfriend:" he primarily watched television. They held that with a life so sparse, his additional new limitations couldn't be "serious." Judge Ronayne Krause adamantly disagreed, pointing out that the few things he lost--like riding his bicycle--combined with trouble sleeping, trouble sitting and pain and vision problems were significant in his own life.