Michigan Court of Appeals; Docket #269123; Unpublished
Judges Whitbeck, Murphy, and Smolenski; 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In this unanimous unpublished per curiam opinion, decided without oral argument after the Supreme Court’s decision in Kreiner v Fischer [RB #2428], interpreting the statutory definition of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 impairment of 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 losses.
The plaintiff in this case sustained undefined injuries. In affirming the trial court’s decision, the Court of Appeals found the documentary evidence of plaintiff’s injuries had a “de minimus” effect on her life and determined that the course and trajectory of her normal life had not been affected. In this regard, the court stated:
“[P]laintiff’s injuries have had a de minimus effect on her life and . . . the course or trajectory of her normal life has not been affected. She continues to operate her own tailor shop as she did before the accident, although it takes a little longer now to complete her seamstress tasks because her injuries have slowed her down. Plaintiff still does some dusting, folds laundry, and occasionally does the dishes. She is able to bathe and dress herself, and she can do her own hair and makeup. Plaintiff continues to cook her own meals as before the accident. She also continues to drive. Plaintiff is still capable of weeding her garden. While there was evidence indicating that plaintiff is somewhat restricted relative to performing some household chores, gardening, driving, and taking walks, the evidence does not suggest that these limitations, when viewed in comparison to plaintiff’s life before the accident, are of such significance that it can be concluded that the course or trajectory of her life has been affected or altered, rather the effect has been de minimus.”
