The plaintiff filed a lawsuit claiming negligence demanding over $100,000 in damages. He alleged a serious impairment relating to a shoulder injury that required surgery. The plaintiff’s treating surgeon related the plaintiff’s complaints and year long disability from work to the accident.
Through discovery and deposing the plaintiff’s treating surgeon, counsel obtained testimony supporting the defense of a lack of an objectively manifested impairment sustained in the accident.
Stephanie filed a motion for summary disposition on behalf of the trucker and trucking company arguing that the Plaintiff failed to meet the serious impairment threshold despite undergoing surgery and being disabled from work.
Following the briefing and oral argument, the Judge agreed that there was a lack of a threshold injury and summarily dispose of the case.