Robert Orwig v. Farm Bureau General Insurance Company of Michigan
333603
| Mich. Ct. App. | Nov 16, 2017Background
- On Feb 4, 2012, Robert Orwig (a Toledo SWAT officer) was injured in a crash caused by a drunk driver; he sustained a left hip dislocation with acetabular fracture, left knee injury, ankle sprain, closed head injury, and vascular symptoms in his feet.
- Orwig underwent orthopedic care and vascular treatment; he used mobility aids early on and later resumed active duties but avoided some SWAT activities and heavy vests for months.
- He continued an active lifestyle post-accident (running, races, bowling, motorcycling) but reported decreased performance, ongoing hip pain, use of analgesics/ice, and feet turning cold after short periods of sitting.
- Plaintiffs sued for underinsured motorist benefits; defendant moved for summary disposition arguing Orwig could not meet the tort-threshold under MCL 500.3135(1) (serious impairment of body function).
- The trial court granted summary disposition for defendant; the Court of Appeals reviewed whether genuine factual disputes exist on the three-prong McCormick test for serious impairment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Orwig suffered a "serious impairment of body function" under MCL 500.3135(1) | Orwig: injuries are objectively manifested, affect important body functions (hip, vascular) and impair his general ability to lead his normal life (reduced running pace, stopped bowling, avoids motorcycle, pain with vest) | Farm Bureau: plaintiff did not identify an important body function and the evidence does not show impairment of his general ability to lead his normal life; many symptoms resolved and restrictions are self-imposed | Court reversed summary disposition: factual disputes exist on all three McCormick prongs; plaintiff presented sufficient evidence that important body functions were objectively impaired and his general ability to lead his normal life was affected |
Key Cases Cited
- McCormick v. Carrier, 487 Mich 180 (2010) (establishes three-prong test for "serious impairment of body function")
- Spiek v. Dep’t of Transp., 456 Mich 331 (1998) (standard of review for summary disposition)
- Maiden v. Rozwood, 461 Mich 109 (1999) (summary disposition (C)(10) evidence-viewing rules)
- McDanield v. Hemker, 268 Mich App 269 (2005) (discussed limitations on self-imposed restrictions; treated as not controlling after McCormick)
- Kreiner v. Fischer, 471 Mich 109 (2004) (prior framework on threshold analysis later superseded or limited by McCormick)