|
No. 124120
| Richard Adam Kreiner, |
|
Terry L. Cochran
(734) 425-2400 |
Plaintiff-Appellee, |
|
|
vs (Appeal from Ct of Appeals) |
|
|
(Lapeer - Holowka, N.) |
|
|
| Robert Oakland Fischer, |
|
Daniel S. Saylor (313) 446-5520 |
Defendant-Appellant. |
|
|
| ______________________________________ |
|
|
Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Defendant-Appellant's Reply Brief>>
Auto Club Insurance Association's Amicus Curiae Brief>>
Coalition Protecting Auto No Fault's Amicus Curiae Brief>>
Background
Richard Adam Kreiner was in an automobile accident that left him with complaints of pain in his low back, right hip, and right leg. From time-to-time Kreiner has taken pain medication and has undergone physical therapy, but he was not hospitalized and he has not undergone surgery. Kreiner is a self-employed construction worker. He claims that his injuries limit him to a 6-hour work day rather than the 8-hour day he worked in the past, that he is now limited as to how long he can stand on a ladder, and that now he can only carry 80 pounds. However, his income increased in the year after his injuries. Kreiner also claims some limitations on his nonwork activities. For example, he can hunt deer from a blind, but can't hunt rabbits. The no-fault act allows for "noneconomic" damages when a person suffers "death, serious impairment of body function, or permanent serious disfigurement." This case involves a "serious impairment" claim. That phrase is defined as "an objectively manifested impairment of an important body function that affects the person's general ability to lead his or her normal life." The lower courts have disagreed about whether Kreiner's injuries meet that standard. The Lapeer County Circuit Court concluded that Kreiner's injuries were not serious enough, but the Court of Appeals ruled that they were in a published opinion. The defendant appeals. The Supreme Court granted leave to appeal to consider whether Kreiner's injuries are serious enough for him to receive noneconomic damages.
Top of Page
|
