Dismissal based on no "serious impairment" overturned by Court of Appeals
Aptly-named Rollie Driver was injured in a motor vehicle collision when the Defendant's tow-truck turned directly in front of him on the freeway. Despite the fact that Driver had a medial tibial plateau fracture and traumatic hemarthrosis to his right knee which was repaired by open reduction and internal fixation with hardware; and despite the fact that he was non-weight-bearing for six weeks and partial-weight bearing for three months; and despite the fact that he developed an area of necrosis in the knee, and a fractured screw requiring removal by the surgeon, among other complications; and despite the fact that he required help with all of the activities of daily living for several months; and despite the fact that he documented all sorts of difficulties in daily life resulting from the collision, the trial judge ruled that he had not suffered a Kreiner-level "serious impairment" of bodily function.
The Court of Appeals reversed and sent the case back for trial by the jury, noting all of the above and emphasizing that Driver had significant limitations on his normal activities, caused in part by a deformity in the injured knee. It noted that he faces potential future surgery and that his activities were limited by his physician, who told him to avoid activities that cause pain. The case is Driver v. Davis, et al.