Auto Negligence Tort Recovery in Michigan-Tell the Michigan Supreme Court to Stop Punishing the Injured & Disabled. Ask the Michigan Legislature to Intervene.
The MIchigan Supreme Court continues its punitive campaign against injured and disabled Michigan citizens in favor of big insurance profits, and, in the process, forces all Michigan Citizens to pay dearly for worthless insurance. On April 25, 2008, the Court decided Jones v Olsen, in which they indicated that a broken neck was, essentially, the same as a broken finger, neither of which qualified for tort compensation under the Michigan No-Fault Law's tort threshold of "serious impairment of body function". The linked decision contains no explanation of the majority's thinking, but it contains a couple of scathing dissents from two courageous justices, Justice Elizabeth Weaver and Justice Michael Cavanagh. These two, along with Justice Marilyn Kelly, have long been dissenting from the Majority of Four's opinions that continue to erode Michigan tort law in favor of big insurance. I encourage the reader of this blog to study the injuries described in the dissenting opinions and the Michigan Court of Appeals rational in determining that the plaintiff was entitled to have the value of his injuries decided by a jury of his peers and not by Court of Appeals or Supreme Court "preemption".
The "Majority of Four" has ignored long established precedent and old-fashioned common sense in consistently ruling against consumers and in favor of insurance companies in Auto Accident Lawsuits, Premises Liability Lawsuits, Medical Malpractice Lawsuits, and Products Liability Lawsuits. It has also, absurdly, restricted auto accident victims from medical and wage loss benefits owed by their own first party insurance companies.
There is an election in November, and a strong pro-justice candidate will run against Chief Justice Clifford Taylor, who is probably the most pro-insurance company, anti-citizen Supreme Court Justice to ever wear the robe. If you are a Michigan citizen and you care about your precious civil right to pursue justice when you are wronged, you must vote in November on the non-partisan ballot. Many people think that if they vote for a particular party on a straight line vote, they are voting for the judicial candidates as well. THAT IS NOT TRUE!. Sometimes people blindly vote for the incumbent, thinking that he/she has the most experience. If you vote for this incumbent, Clifford Taylor, you are selling your rights to big business! I encourage you to vote for the pro-justice yet to be named, Supreme Court candidate, and against Justice Clifford Taylor. Contact your State Representative or State Senator and tell them you support legislation to define "serious impairment" in a way that permits Michigan citizens to collect damages for their injuries. Together, we, the citizens of Michigan, can take back our civil justice system.
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