Michigan Court of Appeals; Docket #253053; Unpublished
Judges Borrello, Bandstra, 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)]
Evidentiary Issues [3135]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, decided after the Supreme Court’s decision in Kreiner v Fischer [RB #2428], interpreting the statutory definition of serious body function,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 loss.
In this case, plaintiff claimed unspecified back and spinal injuries triggered her “psychological and psychiatric claims” which were later diagnosed as post-traumatic stress disorder (PTSD). The court held this issue, concerning the triggering of her PTSD, was dismissed pursuant to plaintiff’s stipulation at a motion hearing and could not be raised on appeal.
Further, to the extent plaintiff argued she suffered from PTSD as a result of the accident and this constituted a serious impairment, the court held plaintiff presented no evidence of any PTSD. Therefore, her injury is not objectively manifested and the trial court’s grant of summary disposition was not error.
