Muskegon County Circuit Court; Docket No. 87-23232-NI;
Judge Michael E. Kobza;____
Official Reporter Citation: ___ ; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (DiFranco Era – 1987-1995) [§3135(1)]
Determining Serious Impairment of Body Function As a Matter of Law (DiFranco Era – 1987-1995) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this judge-tried automobile tort case, Judge Kobza found that plaintiff, who had suffered a whiplash injury described as severe by his treating chiropractor, had sustained serious impairment of body function entitling him to recover non-economic loss. Plaintiff initially suffered muscle spasm and a 50% limitation in range of motion. However, after six months (during which time he was off work), plaintiff’s problems subsided to the point where he was no longer disabled. Plaintiff continued to suffer some residual pain, but the spasms and limited range of motion had resolved. Judge Kobza, after reviewing the case in light of the factors set out in DiFranco, concluded that, although the treatment required was not substandard and the severe impairment was not permanent, nevertheless, plaintiff had suffered a serious impairment of body function for a specific period of time and was therefore entitled to sue in tort. Since defendant's liability was admitted, Judge Kobza went on to assess damages. He awarded plaintiff $50 per day for non-economic loss during the six months of plaintiff’s disability, for a total judgment of $10,150.560