Michigan Court of Appeals; Docket #261784; Unpublished
Judges Meter, Murray, and Schuette; 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In this unanimous unpublished per curiam opinion, decided after the Supreme Court’s decision in Kreiner v Fischer [RB #2428], interpreting the statutory definition of serious body function,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 defendants on both of plaintiffs’ claims for non-economic loss.
The injuries to plaintiff Krissy Black were described in the opinion as a “permanent ankle injury” which plaintiff claims she cannot stand on, and life has been affected regarding tasks such as standing, walking, working out, and wearing high heels. Krissy claimed she could not run long distance, and she was required to wear an ankle brace during certain activities. She acknowledged she could run or jog approximately one-half mile and she was able to do aerobic exercise following the accident. She testified she had gone snowboarding and had played kick ball following the accident. She did not require crutches or a cane to walk and she was not prescribed any medication for her injury. Following her accident, Krissy continued to work, attend school, drive, travel, and exercise. Based upon these facts, the court held Krissy’s general ability to lead her normal life had not been affected and upheld the trial court grant of summary disposition.
Concerning Plaintiff Randie Black, the court described her injury as an injury to her right hand, characterized by her as “an ugly, deformed claw that collapses whenever she tries to pinch, pick something up, write, etc.” The court noted that although Randie claimed she had trouble writing, lifting things, and opening jars and car doors, she was able to use a splint that assisted her in performing these tasks. Further, she was able to care for her boyfriend during his convalescence, was able to travel for pleasure and for work, and did not miss any work due to her injury. Consequently, Randie’s impairment did not affect her overall or broad ability to conduct the course of her normal life.
