Michigan Court of Appeals; Docket #251636; Unpublished
Judges Kelly, Sawyer and Wilder; 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)]
Applicability of Comparative Fault to Noneconomic Loss Claims [3135(2)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion decided without oral argument, the Court of Appeals affirmed summary disposition for defendants on plaintiffs’ claim for noneconomic damages, finding sufficient evidence that plaintiff was more than fifty percent comparatively at fault for the accident and no evidence that defendant Skoczylas was driving in a negligent manner. In this case, Skoczylas hit plaintiff’s vehicle when plaintiff pulled onto the highway from a side street. Plaintiff was issued a citation for failure to yield. In affirming summary disposition for defendants, the Court of Appeals first noted that under MCL 500.3135(1), a person may be liable for noneconomic damages caused by his or her use of a motor vehicle if the injured person has suffered death, a serious impairment of body function, or permanent serious disfigurement. However, it noted that under MCL 500.3135(2)(b), a party may not recover noneconomic damages if he or she were more than fifty percent at fault. The court then found that plaintiff’s claims that Skoczylas was speeding, not paying attention, and attempting to pass illegally when the accident occurred were unsupported by the evidence. In this regard, the court said:
“Plaintiff’s assertion that a jury could find that Skoczylas was more than fifty percent at fault for the accident would require the jury to engage in impermissible speculation and conjecture. Plaintiff did not produce admissible evidence that created a genuine issue of fact as to whether Skoczylas acted negligently and thus proximately caused the accident. The trial court properly granted summary disposition to defendants.”
