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By the Michigan Supreme Court’s own acknowledgement, the only disputed issue in determining whether Richard Kreiner and Daniel Straub each suffered a “serious impairment of body function” was “whether plaintiffs’ impairments affect their general ability to lead their normal lives.”
- Diane Hathaway on MI Supreme Court could mean end of Kreiner v. Fischer
According to data gathered by Michigan Lawyers Weekly, since...
- Diane Hathaway on MI Supreme Court could mean end of Kreiner v. Fischer
Kreiner v. Fischer [71 Mich 109; 683 NW2d 611] is the landmark 2004 Michigan Supreme Court case interpreting the definition of “serious impairment of body function” as defined by the Michigan Legislature in 1995 PA 222, which applies to all automobile negligence injury cases.
3 sie 2010 · The Michigan Supreme Court reversed, concluding that the plaintiff demonstrated that he suffered a serious impairment of a body function as a matter of law. In so doing, the court articulated a new test, one which the 4-3 majority concluded is consistent with the statutory language of MCL 500.3135.
In Kreiner v. Fischer, 471 Mich. 109 (2004), the Michigan Supreme Court addressed the issue of whether a plaintiffs’ injuries affect their general ability to lead their normal lives.
23 lip 2004 · KREINER v. FISCHER (2004) Supreme Court of Michigan. Richard Adam KREINER, Plaintiff-Appellee, v. Robert Oakland FISCHER, Defendant-Appellant. Daniel Lee Straub, Plaintiff-Appellee, v. Phillip Michael Collette and Teresa M. Heil-Wylie, Defendants-Appellants. Docket Nos. 124120, 124757. Decided: July 23, 2004.
In granting leave to consider the McCormick matter, the newly constituted majority of the Michigan Supreme Court followed through on promises to revisit Kreiner. This majority has now issued an opinion overruling Kreiner and returned to the threshold analysis to pre-Kreiner.
According to data gathered by Michigan Lawyers Weekly, since Kreiner was released in 2004, plaintiffs have never won before the Supreme Court, and they've won only 10 percent of the time in the Michigan Court of Appeals.
