Michigan Court of Appeals; Docket #238626; Unpublished
Judges Neff, Bandstra and Kelly; unanimous; per curiam
Official Michigan Reporter Citation: Not Applicable, Link to Opinion 
STATUTORY INDEXING:
Noneconomic Loss Liability for Serious Impairment of Body Function Threshold (Definition) [3135(1)]
Causation Issues [3135]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that plaintiff’s claim of serious impairment of body function did not create a material factual dispute with regard to the issue of proximate causation where the only evidence that plaintiff’s ankle injury was caused by the accident was the testimony of a treating physician who saw plaintiff one year and eight months after the accident, and who testified only that the ankle injury “could or may have” been caused by the accident, but did not express any opinion as to whether the injury was actually attributable to the accident. In addition, there was contradictory medical expert opinion and the plaintiff’s own testimony regarding the issue of causation was inconsistent. Under these facts, the court held that, “plaintiff failed to create an issue of fact as to whether his ankle injury was caused by the accident. Therefore, the trial court did not err in granting summary disposition to defendant on this basis.”