Vatay v Macomb County Sheriff’s Department; (COA-UNP, 3/1/2002, RB #2282)

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Michigan Court of Appeals; Docket #227533; Unpublished
Judges Bandstra, Murphy and Murray; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion courthouse graphic


STATUTORY INDEXING:
Noneconomic Loss Liability for Serious Impairment of Body Function Threshold (Definition) [3135(1)]
Objective Manifestation Element of Serious Impairment [3135(7)]
General Ability / Normal Life Element of Serious Impairment [3135(7)]
Determining Serious Impairment of Body Function As a Matter of Law [3135(2)]

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In this unanimous unpublished per curiam opinion decided without oral argument, the Court of Appeals affirmed the trial court's order granting summary disposition for defendant on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 injuries suffered by plaintiff were unspecified “fractured bones” which “were simply splinted and healed.” Plaintiff also sustained pain due to muscle and back strain. The trial court correctly ruled that plaintiff had failed to show that her injuries “affected her general ability to lead her normal life.” The court noted:

Any real disability suffered by plaintiff was short-lived and any pain or residual impairment did not appear due to plaintiff's physical injuries.”