July 8, 2011
In two recent orders, the Michigan Supreme Court has declined the opportunity to reconsider Michigan’s auto law, McCormick v. Carrier. Therefore, McCormick, and the rights it provides seriously injured auto accident victims to sue for pain and suffering damages, will remain the state’s car accident law.
Michigan Lawyers Weekly interviewed Steven Gursten, in efforts to discover the reason for this surprising court ruling, given the court’s balance of power has shifted to Republican, and the court is expected to overturn McCormick soon.
Said Gursten: The two cases — one of which had “almost no factual record of the underlying injuries,” the other in which the plaintiff suffered a serious back injury requiring ongoing treatment — were “hardly the type of facts that would cause someone to say that McCormick needs to be changed now.”
“What these justices did was say, because of those two reasons, it’s just too premature to act now and we’re going to leave it to the Legislature.”
Here’s the full story in Michigan Lawyers Weekly: McCormick survives, for now
July 1, 2011