"Not so fast..." Court of Appeals tells trial judge and insurance company
Daniel Wiedyk was already disabled when he suffered additional injuries in a car accident. He sued the at-fault driver, arguing that the new injuries constituted a "serious impairment" of his already diminished lifestyle. The insurance attorneys argued to the judge that Wiedyk was already living such a diminished lifestyle, no injuries or pain could "seriously impair" it. The trial judge agreed, and apparently refused to consider the affidavit belatedly filed by Wiedyk itemizing the things he could no longer enjoy or accomplish.
On appeal, the Court sent the case back for the trial judge to reconsider. The high Court held that it wasn't clear whether the Judge refused to consider the affidavit because it was late, or whether he considered the content of the affidavit but deemed the evidence inadequate to show a "serious impairment." On remand, the trial judge will either need to explain why he refused to consider the affidavit, or explain why the listed impairments did not meet the threshold level of "serious."