Kreiner's No-Fault Liability Tort Standard Replaced by Subjective Case-by-Case Basis in McCormick v Carrier Ruling

Michigan no-fault liability is back! Justice Michael F. Cavanagh overruled Kreiner v. Fischer which had previously set the threshold standard for recovery under Michigan’s non-economic tort liability under MCL 500.3135.

On July 31, 2010 Justice Michael F. Cavanagh writing for the Michigan Supreme Court majority decided McCormick v. Carrier, Case No. 136738 (MI July 31, 2010), in favor of Plaintiff, in a finding that Plaintiff McCormick suffered a serious impairment of a body function.