Michigan Court of Appeals; Docket #297430; Unpublished (Memorandum Opinion)
Judges Meter, Cavanagh, and Servitto; Unanimous
Official Michigan Reporter Citation: Not applicable; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (McCormick Era: 2010-present) [§3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unpublished unanimous Memorandum Opinion regarding plaintiff’s tort threshold claims for noneconomic loss, the Court of Appeals reversed the trial court’s grant of summary disposition in favor of defendant on the threshold issue because the trial court applied the Kreiner v Fischer decision to plaintiff’s threshold claim and Kreiner was subsequently overruled by the Supreme Court in McCormick v Carrier. Plaintiff claimed he had suffered a significant aggravation of pre-existing back injuries in the subject automobile accident. Because the trial court utilized the overruled Kreiner standard, summary disposition was vacated and the case remanded for further proceedings in light of McCormick.