Auto accident lawyers featured in the State Bar of Michigan Negligence Law Section Quarterly, contending why McCormick must bring common sense to Michigan’s auto law

David E. Christensen

The Spring 2010 State Bar of Michigan Negligence Law Section Quarterly was recently sent to several thousand negligence lawyers who represent plaintiffs and defendants in Michigan lawsuits. In it is an article by Michigan Auto Law attorneys David Christensen and Alison Tomak on the Flint auto accident case of McCormick v. Carrier (Rodney McCormick v. Larry Carrier and Allied Automotive Group, Indemnitor of General Motors Corp.). Dave and Alison’s article also includes a brief summary of the arguments made in the Negligence Law Section’s own amicus brief filed in this case before the Michigan Supreme Court.

Chief among these arguments is that Kreiner v. Fischer is unconstitutional and that it violates the separation of powers clause of the Michigan Constitution. Most important, the article argues that Kreiner should be corrected now to eliminate the obstacles that were added upon the statutory requirements in the majority opinion of Kreiner, which was a shocking example of  judicial activism.

Alison F. Tomak

This is Dave and Alison’s article, called “Kreiner/McCormick Update.”

I apologize for the lawyer speak.  Here’s what this all really means: The current state of our No-Fault law is dire. To know this is to understand Kreiner. Kreiner itself is a lengthy and sometimes very confusing 64-page decision that interpreted the No-Fault Act’s “serious impairment of body function” statute in 2004. It establishes the precondition plaintiffs must meet before they can sue for pain and suffering damages in such a way that many people who suffer serious injuries and who missed months from work, cannot recover these damages from a car accident lawsuit.

Kreiner has resulted in the dismissal of 79 percent  of car accident victims’ lawsuits.  As the Negligence Section of the State Bar of Michigan is an organization representing both plaintiff and defense lawyers, it is important that both sides agree that what has happened in Michigan since 2004 cannot be allowed to continue.  One of the primary mission of lawyers representing the civil justice system on both sides is to continue to respect our Constitution, our right to a jury trial, our right to tripartite government and the belief that judges should not be allowed to legislate from the bench.

Since Kreiner was decided, there have been 250 unpublished appellate decisions, revealing only 51 cases in favor of car accident victims, and a staggering 198 cases in favor of auto insurance company defendants.  Even the most cursory review of these accident cases shows the unworkability of our current auto accident threshold system with its completely arbitrary results and the judge having replaced the role of the jury as ultimate decider and fact-finder.

Attorneys on both sides of the civil justice system – that is, car accident lawyers and those who defend these car accidents for automobile insurance companies, feel this situation is dire. That’s why they have come together to authorize the State Bar’s Negligence Section to break from its traditional neutrality policy and to file an amicus brief urging the Michigan Supreme Court to rule in favor of the car accident victim in McCormick.

Looking back at the devastation left in the wake of Kreiner v. Fischer, I think everyone agrees today that our current No-Fault law system is broken.  Now is the time to fix it.

- Steve Gursten is recognized as one of the nation’s top attorneys handling serious auto accident injury cases and auto insurance No-Fault litigation. Michigan Auto Law has received the largest reported jury verdict for an automobile accident case in Michigan in seven of the past 10 years, according to published reports.

Related information:

Dealing with No-Fault Auto Insurance Companies in Michigan

3 Challenges Facing Car Accident Lawyers Dealing with the No-Fault Law

Lawyer Videos: No-Fault Benefits and Advice

38 Judicial Travesties of the Michigan Supreme Court

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve and protect you. Call (800) 777-0028 for a free case evaluation with an attorney - anytime.