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Serious impairment claim dismissed for lack of objective manifestation

Kristi Schmidt sued David Gwizdala after he caused a 2004 collision that injured Schmidt's back and neck.  She claimed that the collision aggravated injuries she suffered in a 2002 collision and constituted a "serious impairment" of an important body function that affected her general ability to lead her normal life. [That is the threshold a Michigan resident must meet to sue a drunk or negligent motorist].  Schmidt claimed that in combined effect, the two collisions caused her doctor to restrict her from a planned career in early childhood development.  The trial court dismissed her claim, finding that she had not adequately alleged either an objective manifestation or a serious impairment.  Her appeal was dismissed because she did not offer appellate argument to address the lower court's ruling on objective manifestation of her injuries.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
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