Michigan Court of Appeals; Docket No. 245951; Unpublished
Judges Zahra, Saad, and Schuette; 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)]
General Ability / Normal Life Element of Serious Impairment (Kreiner Era: 1996-2010) [3135(7)]
Determining Serious Impairment of Body Function As a Matter of Law (Kreiner Era:1996-2010) [3135(2)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals reversed a jury verdict in favor of the plaintiff on the issue of serious impairment of body function in a case involving injury to plaintiff’s back and a fractured left leg.
Following the accident, plaintiff was treated at the emergency room which she then left against medical advice. She went to another emergency room where x-rays revealed a fractured proximal fibula. The fracture did not require surgery or casting, and plaintiff was given a leg immobilizer and instructions for non-weight bearing for several weeks. Plaintiff was instructed to complete a course of physical therapy sessions to aid in her rehabilitation. However, she failed to show for scheduled appointments. She was discharged from physical therapy for non-compliance. As of September, 2002, her physician stated that her leg fracture had completely healed in anatomic position and alignment and that she was able to return to work without restrictions.
The Court of Appeals found that the “apparent lack of medical treatment and the lack of any interruption in her ability to lead her normal life” to be indicative of plaintiff’s injuries. The court found that the facts of the case are distinguishable from those in Kern v Blethen-Coluni, 240 Mich App 333 (2000), involving a displaced, comminuted fracture of the femur requiring surgery. Therefore, the court held that the serious impairment threshold was not met as a matter of law and that the defendant should have been granted her motion for summary disposition.
