Woman who suffered a fractured ankle leaving limo has alleged a serious impairment
Sherry Bidoul fell as she exited the Old School Limo, being used to transport her and co-workers. She alleged that there was a problem with the steps of the bus and sued, arguing that she suffered a serious impairment of bodily function. She was on crutches for six or eight weeks, used a "moon boot" case for six months, still endured pain in the ankle, and experienced declining levels of disability from the ankle as it healed. She still took stairs two steps per riser, avoided ladders at work, could not walk her dogs for any distance, could not wear high heels and experienced difficulty in other activities such as riding her husband's motorcycle. The trial court concluded that these limitations did not constitute a "serious impairment of bodily function" under the Engler Majority's so-called Kreiner test requiring "life-altering" consequences for an injury to be "serious." On appeal, the Court of Appeal reversed, noting that the description of Bidoul's injury established a serious impairment as a matter of law, under the McCormick standard which replaced Kreiner in the summer of 2010. It is yet to be seen whether her claim will meet a new standard if one is adopted by the newly-minted Republican Majority on the Court.