Michigan Court of Appeals; Docket No. 247629; Unpublished
Judges Griffin, Cavanagh, and Fort Hood; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Kreiner Era: 1995-2010) [3135(7)]
Objective Manifestation Element of Serious Impairment (Kreiner Era: 1995-2010) [3135(7)]
Important Body Function Element of Serious Impairment (Kreiner Era: 1995-2010) [3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed the trial court grant of summary disposition in favor of the defendant on the issue of serious impairment of body function.
Plaintiff sustained injuries in a motor vehicle accident and claimed injuries to his neck, back, and left knee.
In upholding the trial court grant of summary disposition, the Court of Appeals noted that evidence of plaintiff’s injuries consisted primarily of his subjective complaints of discomfort and the presence of muscle spasms. He was diagnosed with cervical and lumbar muscle strains and mild myofascitis. Plaintiff was still able to go to college, travel extensively, start or participate in starting three businesses, and was involved in several clubs. Further, the defendant presented evidence that an MRI of plaintiff’s lower back showed normal results and physical examinations revealed only muscle spasms.
The Court of Appeals held that plaintiff had not established an “objectively manifested impairment of an important body function,” and thus, determined it did not need to address plaintiff’s claim that his impairment affected his general ability to lead his normal life within the meaning of 3135(7).