Michigan Court of Appeals; Docket #261444; Unpublished
Judges Sawyer, Talbot, and Borrello; 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)]
Objective Manifestation Element of Serious Impairment [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In this unanimous unpublished per curiam opinion, decided after the Supreme Court’s decision in Kreiner v Fischer [RB #2428], interpreting the statutory definition of serious body function,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 defendant on plaintiff’s claim for non-economic loss.
Without describing in detail the plaintiff’s leg and back injuries, the court in this case determined they did not meet the serious impairment of body function threshold. Although the plaintiff in her deposition claimed she returned to work a few weeks after the accident, she was unable to work more than 40 hours per week and not able to work overtime as she regularly did in the past. She also testified she was not able to golf twice a week as she did before and had to restrict her ability to travel. She had also stopped her monthly bridge card game with friends because of the length of time the games required her to sit. She also testified her hobby of sewing was affected because she could not stay at it for long periods of time and needed to take frequent breaks. She also testified she was not able to walk as far as she would like.
Considering all of the above, the court concluded the restrictions on plaintiff’s social activities were entirely self-imposed and they did not affect her general ability to lead her normal life. The court also noted the trial court had indicated it was skeptical the injuries were “objectively manifested.”
Based upon the above, the Court of Appeals affirmed the trial court grant of summary disposition on the serious impairment threshold issue.
