Michigan Court of Appeals; Docket #260433; Unpublished
Judges Murphy, White and Smolenski; unanimous; memorandum
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)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished memorandum opinion decided without oral argument after the Supreme Court’s decision in Kreiner v Fischer [RB #2428] interpreting the statutory definition of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 order granting summary disposition in favor of defendant on plaintiff’s claim for non-economic losses. The plaintiff in this case sustained “medically identifiable injuries which purportedly affect[ed] his ability to move his neck.” In affirming the trial court’s decision, the Court of Appeals found that the injury did not affect plaintiff’s general ability to lead his normal life. In this regard, the court stated:
“The evidence showed that prior to the accident, plaintiff suffered from constant back and shoulder pain that radiated into his neck. His neck was constantly stiff, and he complained of very limited range of motion and an occasional inability to move his neck at all. Because of this unrelenting pain, he had difficulty engaging in activities such as sleeping, driving, cooking, performing indoor and outdoor chores, lifting his arms, and attending to personal hygiene. He mostly sat around watching television. After the accident, plaintiff’s life was essentially the same: he had difficulty engaging in many daily activities because of unrelenting pain and difficulty raising his arms. Any injury allegedly caused by the accident did not affect plaintiff’s general ability to lead his normal life.”
