A Michigan auto accident victim suffered a leg injury after an accident in which his bicycle collided with a motor vehicle. The victim brought a lawsuit for non-economic damages, i.e., tort liability, claiming that he had suffered a serious impairment of a body function (one of three allowances for non-economic damages pursuant to M.C.L. 500.3135(7).
Following surgery to repair the victim’s broken leg, he required the use of a walker for four weeks, crutches for the following eight weeks, and depending on the circumstances, a cane for an additional four to six weeks. For approximately one year following the accident, he had difficulty walking properly, and at times required his wife’s support when walking.
The Michigan Court of Appeals acknowledged that “walking” is an important body function, but disagreed with the car accident victim’s argument that an impairment of walking affects a person’s ability to lead his or her normal life as a matter of law.
“In this case, although plaintiff first used a walker, then crutches, and finally a cane when needed, he was able to walk. Walking with assistance is not the same as being unable to walk at all,” the court of appeals stated.
“Plaintiff’s broken femur has not affected his general ability to live his normal life. Plaintiff can walk without assistance, perform unrestricted duties at his job, do some yard work and home maintenance, and engage in recreational activities.” Accordingly, the court of appeals found that the the victim was not entitled to non-economic damages.
The accident victim also argued that he was entitled to non-economic damages because the surgery on his leg left him with an eight-inch scar on his thigh and his leg is now smaller in diameter due to atrophy. Thus, he claimed that he suffered he suffered a permanent serious disfigurement. The court of appeals disagreed, first noting that, “[w]hether a scar is a permanent serious disfigurement depends on the scar’s physical characteristics rather than its effect on the person’s ability to lead a normal life.”
Though acknowledging that the car accident victim’s scar was permanent, it explained that neither the scar nor the reduced-diameter leg constitute a permanent serious disfigurement.
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If you or a loved one has suffered injuries in a Michigan car accident, contact a Michigan car accident lawyer to find out if you have a case for non-economic damages. Request a free case review or contact our 24-hour Michigan Auto Accident Lawyer Hotline — 877.256.1025 — and speak directly with an expert Michigan auto accident attorney for a free legal consultation. There are no costs or obligations.
