Michigan Court of Appeals; Docket #222220; Unpublished
Judges Neff, Fitzgerald and Danhof; 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 (Kreiner Era: 1996-2010) [§3135(7)]
General Ability / Normal Life Element of Serious Impairment (Kreiner Era: 1996-2010) [§3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed a jury verdict of $135,000 in favor of plaintiff in a classic soft tissue-whiplash injury. The court agreed with the trial judge that there was a material factual dispute as to the threshold elements of objective manifestation and lifestyle impact thus warranting jury determination. With regard to objective manifestation, the court cited the DiFranco definition of “medically identifiable injury” as the controlling standard. The court further found that passive range of motion, muscle spasm and trigger points were all objective manifestations of injury. Plaintiff also offered testimony that the injury caused or aggravated the condition of fibromyalgia. The court held plaintiff had offered sufficient evidence on lifestyle impairment to create a factual dispute where the evidence showed that plaintiff had reduced her daycare clientele and had foregone certain recreational activities such as bowling, swimming, motorcycle trips and gardening. The fact that defendant had offered a surveillance videotape further created a factual dispute.