Court of Appeals reinstates upper peninsula "serious impairment" claim

Willam David Smart sued Frank Robert Kowalesky after Smart's foot was injured in a motor vehicle collision.  The trial judge summarily dismissed the claim, finding that Smart's injuries did not consitute a "serious impairment" under the Kreiner standard.  Applying the 2010 McCormick standard, however, and noting that Smart's fractures resulted in 90 days of missed work, a diminished lifestyle, long-term pain and progressive arthritis, a developing valgus deformity and a developing flat foot deformity, the Court of Appeals returned the case to the lower court for trial.