Fractured wrist is not a "serious impairment"
Three judges of the Court of Appeals upheld the lower court's decision that Alisha Recker's fractured wrist was not a "serious impairment" under the Kreiner standard, and dismissed her case against Charter Communications and its negligent driver.
Ms. Recker claimed that her injury was a serious impairment for several months because it significantly interfered with her over-all life, including her ability to take part in her college nursing studies or to work. She also cited her continuing loss of range of motion and strength in the wrist and hand which prevent her from working as a waitress, and the difficulty she has in carrying, holding and feeding her young child.
The Court pointed to her return to work after 9 weeks and the completion of her nursing studies as evidence that her life was not substantially altered and dismissed her claim. The Court particularly emphasized that her doctor considered her recovery routine and "unremarkable" and that there was no evidence in this case that Ms. Recker's injury carried any permanent sequelae.