May 24, 2013
Steven M. Gursten, who is head of Michigan Auto Law, was interviewed by Michigan Lawyers Weekly on a Michigan Court of Appeals case called Overweg v. Thomas that involves post traumatic stress disorder (PTSD).
In Overweg, the Court threw out a PTSD claim for a woman who watched her husband die in her arms after he was in a car accident.
Said Gursten, “This case exemplifies what is wrong with the Michigan automobile accident threshold. The decision is a good example of where the law really fails. PTSD causes very real chemical and organic changes to the brain, which can be viewed in objective tests. For the majority to say that the impact of PTSD on the brain is not an objectively manifested impairment of a body function is absurd.”
You can read the full story here: Plaintiff’s PTSD not covered by No Fault
May 23, 2013