On December 4, 2007, the Michigan Supreme Court heard oral argument in Jones v. Olson.  This has many Michigan lawyers predicting an end for all but the most catastrophic car accident injury cases in this state.

Many personal injury lawyers already familiar with this divided Court have questioned why the Michigan Supreme Court would wish to grant leave on this case, except to obviously reverse the lower court decision.  The Court of Appeals had previously found that plaintiff Greg Jones, who was injured and disabled from work after his car accident for roughly six months, but who then made a very good recovery, should be allowed a day in court to pursue a claim for pain and suffering damages under Michigan’s automobile accident threshold law. 

As an attorney, one of the toughest questions I face is “Why was I told I don’t have a case?”   Unfortunately, I hear this all too often.   Two weeks ago, on November 15, 2007, the Michigan Court of Appeals passed judgment on Cynthia Jones.  Now, I expect to face this question more and more from victims whose lives have been shattered by car accidents.

This letter to the Detroit Free Press was written by Wayne Miller, an excellent lawyer, friend and colleague practicing law in Southfield, Michigan.   Wayne and I serve together on the Michigan Auto No-Fault Committee for the Michigan Association for Justice.  In addition to teaching law at Wayne State University Law School in Detroit, Wayne specializes in handling large provider claims, where he and the other lawyers in his office represent hospitals and doctors around Michigan.  This is what Wayne recently wrote:

On October 4, 2007, I spoke at the ICLE No Fault Update Seminar in Plymouth, Michigan.  My topic this year was “The Plaintiff Lawyers Perspective on Insurance and Defense Medical Examinations,” and in particular to discuss the recent case of Muci v. State Farm, 478 Mich 178 (2007).  I was also asked to talk about strategies lawyers should employ in dealing with these compulsory defense medical evaluations in auto accident cases.

The audience at these seminars predominantly consists of defense lawyers and insurance adjusters.   Most of these lawyers and adjusters were already familiar with Muci.  It has already been widely heralded to lawyers and insurance company adjusters alike as an important “defense win” for the insurance industry in Michigan (as if they need another one).