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Diane Hathaway’s Michigan Supreme Court win may be end of Kreiner v. Fischer

November 10, 2008 by Steven M. Gursten

Car Accident lawyer tells Michigan Lawyers Weekly that criticized car accident case may be overturned with Justice Hathaway on the bench

Michigan Lawyers Weekly covers the effect that new Michigan Supreme Court Justice Diane Hathaway will have on the state’s car accident law, Kreiner v. Fischer. Steven M. Gursten and other Michigan car accident lawyers say since Hathaway’s new seat balances the bipartisan Court, and that Hathaway has been quoted agreeing with the dissent in Kreiner, there is a good chance it will be overturned.

Kreiner interpreted the No-Fault act’s “serious impairment of body function” statute, establishing the precondition plaintiffs must meet before they can sue for non-economic damages in such a way that many people who suffered serious injuries and who missed months from work, had virtually zero rights.

Here’s the Michigan Lawyers Weekly story: Hathaway’s win in Michigan Supreme Court race may end for Kreiner v. Fischer

November 10, 2008

Update: The Michigan Supreme Court, as of August 1, 2010, has overturned Kreiner v. Fischer with McCormick v. Carrier, restoring the rights of car accident victims in the state. Now, when auto accident victims are pursuing pain and suffering damages, they have to prove their life has been affected – not completely altered as was required under Kreiner.

Related information:

The 38 worst judicial travesties of the Michigan Supreme Court with Cliff Taylor

McCormick v. Carrier to bring new body of car accident law in Michigan

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