Motorist with fractured thumb has not demonstrated a "serious impairment of bodily function."
Gary McManigal sued George Levosinski after the defendant caused a car accident in which McManigal suffered an avulsion fracture of his right thumb. McManigal's thumb was casted for two and one-half weeks, and then splinted for 10 more days. The Court ruled that while he suffered an objectively manifested injury, he did not prove that he had suffered a serious impairment. He was placed under no restrictions and his sole limitation was discomfort from operating "vibratory" tools when performing maintenance tasks in the apartment complex he managed. Since he hadn't proved a "serious impairment" his claim against the at-fault driver was dismissed.