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Fractured femur isn't a serious impairment? Maybe if its not your femur.

The Court of Appeals recently threw out a case filed by James Plaggemeyer against the Lee family.  Apparently one of the Lees (sounds like the kid was driving a car titled jointly by both parents) hit Plaggemeyer's bike (although in an interestingly-foretelling description, the opinion says that "his bicycle collided with defendants' motor vehicle").  The man had surgery, used a walker for four weeks, crutches for eight weeks and returned to work without restrictions after fourteen weeks. He couldn't do lawn work for a year.  He can't hike, jog or play tennis "because of pain."  His left leg has atrophied about an inch. 

Nevertheless, because the latter restrictions are "self-imposed" and not supported by proof from a physician, however, the court refused to consider them.  It concluded that under the Kreiner analysis, as a matter of law, he had not shown a "life-altering injury."  We can't help but wonder whether these judges would agree with this analysis of "serious impairment" if it were their lives disrupted in this fashion.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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