Michigan Court of Appeals; Docket #250205; Unpublished
Judges Murphy, White and Kelly; 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 [3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion decided without oral argument after the Supreme Court’s decision in Kreiner v Fischer [RB #2428] interpreting the statutory definition of serious body function, the Court of Appeals affirmed the trial court’s order granting summary disposition in favor of defendant on plaintiff’s claim for non-economic losses under an uninsured motorist endorsement. The plaintiff in this case, who was receiving Social Security disability benefits for a 1990 back injury, was subsequently involved in an automobile accident in which he suffered an ill-defined injury to his neck. In rejecting the plaintiff’s claim, the court noted that plaintiff did not have neck pain before the automobile accident. However, plaintiff failed to show that the additional pain affected his general ability to lead his normal life. In this regard, the court stated:
“Plaintiff’s neck injury affects his upper body usage, particularly his arms and hands. In terms of activities, plaintiff claims that he cannot sleep through the night because of his neck pain and also cannot perform many household tasks. But plaintiff failed to show that any restrictions on his activities are appreciably different from those that existed before the automobile accident.”
