Kreiner to McCormick to ???

What’s next for Michigan auto accident lawyers and car accident injury victims after McCormick v. Carrier?

On July 31, 2010, the Michigan Supreme Court overturned Kreiner v. Fischer, and with it, the nation’s harshest auto accident injury threshold for accident victims.  The case that replaced Kreiner v. Fischer is McCormick v. Carrier.  McCormick restores the right to sue for pain and suffering personal injuries, including broken bones and surgeries, that are very serious but that are not permanent and life-altering, as the appellate cases after Kreiner increasingly demanded.

The question now - for accident victims and personal injury lawyers - is what’s next?  With a historic Republican landslide last November, the Republicans took back the Michigan Court.  And with that change in the Court’s composition comes the increasing likelihood of another dramatic whipsaw to Michigan’s auto accident threshold law.

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.

Kreiner Decision Tortures Michigan No-Fault Law

Here we go again. Our Michigan Supreme Court, recently referred to as on of the most activist court in the union, recently issued an opinion which may dramatically affect Michigan no-fault law. Kreiner disregarded the Michigan legislature's plain language under the no-fault language and added yet new hurdles to receiving benefits under our no fault statute. While bills have been introduced to the Michigan Legislature in order to restore Michigan’s no-fault law to allows claims of permanent disability, it is clear that the damage done by the Engler dominated Supreme Court of Michigan will be felt by Michigan citizens for many years into the future ….