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No. 124757
| Daniel Lee Straub, |
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Dondi R. Vesprini
(248) 901-3400 |
Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals) |
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(Monroe - LeBeau, M.) |
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| Phillip Michael Collette and |
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Curtis R. Hadley (517) 351-6200 |
Teresa M. Heil-Wylie, |
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Defendants-Appellants. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendants-Appellants' Brief on Appeal>>
Defendants-Appellants' Reply Brief>>
Insurance Institute of Michigan's Amicus Curiae Brief>>
Background
Daniel Lee Straub was driving his motorcycle when he collided with a car owned by the defendants. He suffered a "boxer's fracture" in his neck, and received wounds on a few fingers. At the time of the accident, Straub was employed as a lineman for a cable television company, and he played bass guitar in a band on weekends. Straub underwent outpatient surgery, received some physical therapy, and wore a cast for a short time. He returned to work approximately two months after the accident, but initially could not use his left hand. After a month of work, he was released for unrestricted duty. Straub claims that it was another month or so before his finger was strong enough to play bass guitar for his band. He also claims he had difficulty doing yard work and household chores, and that he was unable to process deer during the 1999 deer hunting season. The no-fault act allows for "noneconomic" damages (damages that do not reimburse a party for out-of-pocket expenses or wage losses) when a person suffers "death, serious impairment of body function, or permanent serious disfigurement." The question here is whether Straub suffered a serious impairment of a body function that affected his general ability to lead his normal life. The Monroe County Circuit Court concluded that Straub's injuries did not meet the statutory threshold and ruled against him, but the Court of Appeals reversed in a published opinion. The defendants appeal. The Supreme Court granted leave to appeal to consider whether Straub's injuries are serious enough that he can recover noneconomic damages.
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