Michigan Court of Appeals; Docket #226289; Unpublished
Judges Meter, Jansen and Gotham; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Kreiner Era - 1996-2010) [3135(7)]
Objective Manifestation Element of Serious Impairment [3135(7)]
General Ability / Normal Life Element of Serious Impairment [3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion decided without oral argument, the Court of Appeals affirmed the trial court's order granting summary disposition for defendant on plaintiff's claim of serious impairment of body function. The injury suffered by plaintiff was an aggravation of a preexisting degenerative disc disease condition that had originally been diagnosed 12 years before plaintiff's accident. Electrodiagnostic testing shortly after the accident revealed no change in plaintiff's pre-accident condition. Nevertheless, plaintiff complained of low back and leg pain. The court noted that the presence of an objectively manifested injury is not alone sufficient to submit a case to a jury. In addition, the injury must affect the plaintiff's general ability to lead her normal life as it existed before the accident. In this case, the evidence showed that plaintiff's general ability to lead her normal life “was not significantly altered by the injury.” Therefore, summary disposition for defendant was proper.