Michigan Court of Appeals; Docket #263478; Unpublished
Judges Gage, Hoekstra, and Murray; 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In this unanimous unpublished per curiam opinion, decided without oral argument after the Supreme Court’s decision in Kreiner v Fischer [RB #2428], interpreting the statutory definition of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.
Plaintiff sustained a neck injury in the October, 2003 accident, requiring surgery on his cervical spine in March, 2004. Plaintiff did not work from December, 2003 until August, 2004. The court noted, “The strongest evidence supporting plaintiff’s claim of residual impairment concerns the change in his ability to perform his job duties. The injury affected his employment, inasmuch as he was restricted from climbing ladders and working on roofs, and his job duties in sales and providing estimates for masonry work included those activities.” Regarding recreational activity, the court described the evidence of the impact on those activities as “minimal” and the evidence did not establish those activities were important in plaintiff’s life before the accident. Further, many of the restrictions on recreational activities were apparently self-imposed. The court stated, “Although self-imposed restrictions do not establish a residual impairment, this court may consider changes in activities that are consistent with a physician’s observation of limited movement.” Williams v Medukas, 266 Mich App 505 (2005). However, the court noted plaintiff’s surgeon had indicated “flexion and extension cervical x-rays today appeared satisfactory” following surgery. Despite plaintiff’s inability to work for seven months and his inability to work to full capacity when he resumed work, he was generally able to lead his normal life.
