Jury verdict of "serious impairment" is upheld by Court of Appeals; video surveillance not admitted into evidence
Troy Anthony Davis sued Rita Marie Madziar after she caused a collision that damaged Davis's knee. He was unable to use the knee normally for several months and ultimately underwent a knee debridement/closure to address a hematoma in the prepatellar bursa. The Court noted its duty to resolve every reasonable factual inference in favor of the non-moving party (the person who prevailed with the jury), the majority of the Court of Appeals held that the scar on Davis's knee was not a serious disfigurement, but the injury was a serious impairment of bodily function as defined in the McCormick case. He had actual symptoms that another person could identify, giving him an "objective manifestation" of injury and there was a medically-documented basis for his pain complaints. Davis was a very physically active man prior to the injury and there was a factual basis for his claim of limitation, even after the three months during which his physician expected him to achieve a complete recovery.
The Court upheld the trial judge's refusal to admit video surveillance of Davis, ruling that it did not impeach his testimony and was not properly disclosed to Davis's attorney before the attempt to "ambush" Davis. Judge Peter O'Connell would have overt-turned the verdict, believing that errors by the trial judge prevented the Defendant and her insurer from receiving a fair trial.