The Michigan Court of Appeals recently ruled in Carlisle v. Wright that a trial court should be overturned after granting a motion for summary disposition and dismissing a claim by a 75 year old accident victim. The court held that the woman’s rapid cognitive degeneration after the accident constituted a serious impairment of a body function. The key to the case were the medical reports submitted into evidence showing that her head, neck and back injuries were objectively manifested. Another key was the Plaintiff arguing that she had preexisting conditions that were exacerbated by the motor vehicle accident.
Plaintiff Was Seen By Numerous Specialists
The Plaintiff was seen by a neurologist who testified that she suffered from some preexisting conditions as to her back, but that these conditions may have been clinically silent and aggravated by the motor vehicle accident. She was also seen by a neuropsychologist who testified that there is mild cognitive impairment that was significantly exacerbated by the accident and concussion. She saw yet another neurologist who confirmed there was a mild head injury with post concussive phenomenon, a possible seizure and traumatic brain injury. All of these doctors established enough evidence for the Plaintiff to survive a motion to dismiss and proceed to trial. This is critical as the trial court dismissed the case and it had to be overturned at the appeals court.
What this means for your case:
This recent case is a perfect example of great preparation. Michigan personal injury attorneys need to be intimately familiar with their clients and make sure they seek out appropriate medical professionals that can assist them in their case. The lawyers at Ford & Murphy will make sure that you have the proper medical care while your case is pending.
Call them today for a FREE Michigan accident consultation.