RACHEL TREIB V MARGARET A POWELL
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STATE OF MICHIGAN
COURT OF APPEALS
JULIE TRIEB, as Next Friend of Rachel Treib, a
Minor,
UNPUBLISHED
September 28, 2010
Plaintiff-Appellant,
v
No. 292870
Saginaw Circuit Court
LC No. 08-001168-NI
MARGARET A. POWELL,
Defendant-Appellee.
Before: MURPHY, C.J., and HOEKSTRA and STEPHENS, JJ.
MEMORANDUM.
In this claim brought under the no-fault act, MCL 500.3101 et seq., plaintiff, as next
friend of her daughter Rachel Treib, appeals as of right the trial court’s order granting summary
disposition to defendant. We vacate and remand.
On September 11, 2007, Rachel was struck by a motor vehicle driven by defendant.
sustained, among other injuries, a broken right tibia. Plaintiff sued defendant, asserting
Rachel had suffered a serious impairment of body function. See MCL 500.3135(1), (7).
trial court, using the standards set forth in Kreiner v Fischer, 471 Mich 109; 683 NW2d
(2004), granted defendant’s motion for summary disposition.
She
that
The
611
This past summer, our Supreme Court decided McCormick v Carrier, ___ Mich ___; ___
NW2d ___ (2010). In McCormick, the Court overruled Kreiner and established new standards
for determining whether one has suffered a serious impairment of body function. Because the
trial court’s analysis and order were based on Kreiner, we vacate the order granting summary
disposition to defendant and remand for consideration under McCormick.
Vacated and remanded for further proceedings not inconsistent with this opinion. We do
not retain jurisdiction.
/s/ William B. Murphy
/s/ Joel P. Hoekstra
/s/ Cynthia Diane Stephens
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