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McCormick v. Carrier to Bring New Body of Michigan Car Accident Law

August 26, 2009 by Steven M. Gursten

Auto accident attorney reports four Michigan Supreme Court cases in abeyance pending McCormick v. Carrier

This week I wrote about McCormick v. Carrier (Rodney McCormick v. Larry Carrier and Allied Automotive Group, Indemnitor of General Motors Corp). the auto accident case that Michigan auto accident attorneys and judges are hoping will finally reverse Kreiner v. Fischer. On August 20, the Michigan Supreme Court granted the motion for reconsideration in McCormick as well as leave to appeal.

I would like to inform my fellow auto accident attorneys that there are four additional cases being held in abeyance:

* Mimoza Neci and Vera Neci v. Vannice Arrin Steel, Jr., Clara Jones and Anita Terry, and Citizens Insurance Company of America

* Gary Mark McManigal v. George Jan Levosinski

* Daniel Wiedyk v. John Paul Poisson and Traverse City Leasing, d/b/a Herta

* Julie Garcia v. Dale Andrew Doyle

These cases involve plaintiffs who sought non-economic damages and lost. They’re slated by the Michigan Supreme Court, but since they include Kreiner issues, they will be held. As such, when McCormick is decided, these cases will be resolved.

This is significant because the Supreme Court has acknowledged these cases will be affected by McCormick. Whether they’re addressed by the Court or tossed down to the Court of Appeals, they will likely be published. And overnight, we’ll have an entire new body of law dictating the latest rules, what they look like and how they apply in different situations.

The lawyers of Michigan Auto Law sincerely hope that the four like-minded justices — Hathaway, Weaver, Kelly and Cavanaugh — who stated Kreiner was wrongly decided in Benefiel, will return the clear wording and plain meaning of the legislative definition of serious impairment and overturn Kreiner v. Fischer.

Steven M. Gursten is recognized as one of the nation’s top experts in serious car and truck accident injury cases and automobile insurance no-fault litigation. Steve has received the largest jury verdict for an automobile accident case in Michigan in four of the past seven years, including 2008, according to Michigan Lawyers Weekly.

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 Hill, Detroit, Ann Arbor, Grand Rapids and Sterling Heights. Call (800) 777-0028 for a free consultation with an auto accident attorney.

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