Michigan Court of Appeals; Docket # 342477; Unpublished
Judges Kelly, Fort Hood, and Redford; per curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
General Ability/Normal Life element of Serious Impairment (McCormick Era: 2010 – Present) [§3135(7)]
TOPICAL INDEXING:
Not Applicable
SUMMARY:
A. Disposition:
In this unanimous per curiam unpublished opinion, directed verdict for defendant was AFFIRMED because the plaintiff failed to present sufficient evidence to create a question of fact regarding whether his claimed impairments affected his general ability to lead his normal life.
B. Nature of Injury/Disability:
The plaintiff in this case claimed to have suffered unspecified injuries to his back, neck, head, jaw, and tooth, as well as hearing loss. He later claimed to have suffered injuries to his left knee and right shoulder as well.
C. Medical Treatment:
The Court did not specify the plaintiff’s post-accident course of treatment.
D. Element #1 – Objective Manifestation:
The Court did not discuss this element.
E. Element #2 – Important Body Function:
The Court did not discuss this element.
F. Element #3 – General Ability:
In holding that the plaintiff failed to present a sufficient evidence to create a question of fact regarding whether his claimed impairments affected his general ability to lead his normal life, the court reasoned that the plaintiff “did not adequately compare his preaccident life with his postaccident life.” Moreover, “Plaintiff acknowledged that he received disability benefits before the accident and performed odd jobs for money. However, he failed to delineate how the accident impacted his work. Plaintiff also did not offer any testimony regarding any activities that he did before the accident that he could no longer perform because of the injuries caused by the accident. Accordingly, even considering the evidence in plaintiff’s favor, see Meagher, 222 Mich App at 708, he failed to establish that any impairment as a result of the accident affected his general ability to lead his normal life.”
