Michigan Court of Appeals; Docket No. 246174; Unpublished
Judges Cavanagh, Murphy, and Smolenski; 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)]
Objective Manifestation Element of Serious Impairment (Kreiner Era: 1996-2010) [3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals reversed a trial court grant of summary disposition in favor of defendant on the issue of serious impairment of body function.
Plaintiff complained that she had “sustained injuries to her neck, back and spine, as well as to the muscles, cords, nerves, tendons, and other fibers contained therein; . . .” Plaintiff submitted documentary medical evidence that indicated she had experienced “bilateral paraspinal spasms to the lumbar and sacral vertebrae” and “cervical and thoracic spasms.” Additionally, plaintiff presented a medical report by her physician which reported x-ray evidence of disc space narrowing in her cervical spine, kyphosis of the thoracic spine, and an increased lumbrosacral angle and disc space narrowing of the lumbar spine.
The Court of Appeals held that sufficient documentary evidence was submitted to create an outcome determinative factual dispute concerning whether plaintiff suffered an objectively manifested impairment arising out of the accident. Accordingly, the trial court’s grant of summary disposition in favor of the defendant, based upon a failure to “present sufficient evidence reflecting an objectively manifested injury or impairment” was in error and the Court of Appeals reversed. The court held that factual questions remain for the trier of fact with respect to whether plaintiff’s pain and muscle spasms arose out of the accident, whether the spasms were an indication of a back and neck problem serious enough to actually impair plaintiff’s functioning, and whether a soft tissue injury was in fact the cause of plaintiff’s alleged limited functioning.
