Woman with multiple pelvic fractures can go to jury on claim of "serious impairment."
Ruth Sikkenga suffered multiple pelvic fractures in a car accident caused by Charles Townsend. Under the so-called Kreiner standard adopted by the activist Engler Majority, the trial judge ruled that she had not suffered a "serious impairment" of a bodily function and dismissed her case. This week the Court of Appeals applied the 2010 McCormick interpretation of "serious impairment" and reinstated Sikkenga's claim. Under the latter standard, it will be for the jury to decide whether the woman's pelvic fractures constituted a "serious" impairment of her daily life.