Porcelli v Kirchner; (COA-UNP, 1/24/2003, RB #2359)

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Michigan Court of Appeals; Docket #236822; Unpublished
Judges Zahra, Murray and Fort Hood; 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)]
General Ability / Normal Life Element of Serious Impairment [3135(7)]

TOPICAL INDEXING:
Not applicable


CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed summary disposition in favor of defendant on plaintiff's claim of serious impairment of body function. Plaintiff sustained soft tissue type neck, upper back, and shoulder injuries, none of which were confirmed by diagnostic testing. The court held “plaintiff has failed to present evidence that her general ability to lead a normal life has been significantly altered by the accident. Although some activities in plaintiff's life may have changed as a result from the accident, as a matter of law plaintiff has not proved that these injuries are sufficiently severe so as to prevent her from living a normal life.”