Michigan Court of Appeals; Docket #254869; Unpublished
Judges Talbot, White, 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)]
General Ability / Normal Life Element of Serious Impairment [3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam, decided without oral argument after the Supreme Court’s decision in Kreiner v Fischer [RB #2428], interpreting the statutory definition of serious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’s order granting summary disposition in favor of defendant on plaintiff’s claim for non-economic loss.
The plaintiff in this case sustained an aggravation injury of a pre-existing back condition which he had injured in 1977. He had been unemployed since 1977 through the date of the auto accident in October, 2002. He remained unemployed following the auto accident. Plaintiff also had a prior auto accident in May, 2001 that resulted in lower back pain, left leg pain, and headaches. Following the October, 2002 accident, an MRI indicated the existence of degenerative disc disease and focal tears of the disc annulus. However, the report indicated those symptoms were present in a previous MRI performed one year prior to the accident. The Court of Appeals, in upholding the trial court’s grant of summary disposition, held that although plaintiff presented evidence his activities and abilities were more limited following the second auto accident in October, 2002, the difference is not substantial.
