Kryzanoski v Kaule

Michigan Court of Appeals Applies McCormick v Carrier Retroactively to "Serious Impairment" Claims


In this decision (attached) and another one, Casey v Stachlewitz, Unpublished Decision of the Michigan Court of Appeals, February 22, 2011 (Docket No.295835), the Michigan Court of Appeals has applied the Michigan Supreme Court’s 2010 decision in McCormick v Carrier, 487 Mich 180 (2010) retroactively to decisions rendered by trial courts under the prior standard for determining “serious impairment” to recover non-economic damages under Michigan’s No-Fault Act.

In both cases, the trial court had applied the prior standard established in Kreiner v Fisher, 471 Mich 109 (2004) to the plaintiff’s claims concerning whether or not and to what extent the plaintiff would be able to establish “serious impairment” of a bodily function to recover non-economic “tort” damages under Michigan’s No-Fault Act. The trial court decisions were rendered prior to the 2010 McCormick decision.

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Reference Info:Decision | State, 6th Circuit, Michigan | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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