Understanding Kreiner V. Fischer And Its
Impact On How Michigan Lawyers Must Handle Auto Accident Cases

Serious Impairment of Body Function – New Interpretation:
Kreiner v. Fischer 471 Mich 109; 683 NW2d 611 (2004) is the landmark Michigan Supreme Court case interpreting the definition of serious impairment of body function, as defined by the Michigan legislature in 1995 PA 222 that apply to all auto negligence injury cases.

On July 23, 2004, the Michigan Supreme Court issued its opinions in the consolidated auto accident cases of Kreiner v. Fischer and Straub v. Collette. In a sharply divided 4-3 decision, these cases dramatically changed how Michigan personal injury lawyers handle automobile accident cases.

The issue in these consolidated cases was whether the plaintiff’s injuries suffered in their car accident constituted a serious impairment of body function as defined in MCL 500.3135(7). The phrase is defined as follows: “serious impairment of body function means an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life.”

The decision focused on lifestyle impairment, or “whether plaintiff’s impairments affect their general ability to lead their normal lives.” Kreiner at 130.

In Kreiner, the trial court ruled that Mr. Kreiner’s personal injuries from his car accident had not reached the threshold requirement of constituting an impairment that affected his general ability to lead his normal life after his automobile accident. The Court of Appeals reversed and remanded the case, holding that if the facts as alleged by Kreiner (a question of fact for a jury) then his personal injuries satisfied the threshold as a matter of law. In Straub, the trial court ruled that Straub’s injuries from his car accident did not affect his general ability to lead his normal life. The Court of Appeals again reversed, ruling that Straub’s injuries, as alleged, satisfied the Michigan no fault threshold as a matter of law.