McGarry v. Skogley

PEDERSON, Justice.

McGarry’s lawsuit against Skogley was dismissed after a jury found that he suffered no “serious injury” when his Chevrolet van was rear-ended by Skogley’s Buick convertible. The appeal of the dismissal raises questions which are first impressions for this court under “no-fault” insurance. 1 This case leads us to understand why some courts have found it necessary, when encountering difficulties with no-fault cases, to use such descriptive words as “resist reconciliation,” 2 “positive repugnancy,” 3 “irreconcilable inconsistencies,” 4 and “the legislature should revisit the…