Michigan Court of Appeals; Docket #268794; Unpublished
Judges Whitbeck, Hoekstra, 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In this unanimous unpublished per curiam opinion, decided without oral argument after the Supreme Court’s decision in Kreiner v Fischer [RB #2428], interpreting the statutory definition of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 defendants on plaintiff’s claim for non-economic losses.
The plaintiff in this case sustained an injury to her lower back which was diagnosed as lumbar facet arthropathy. In affirming the trial court’s decision, the Court of Appeals found plaintiff had maintained her general ability to lead her normal life. In so finding, the court noted that although plaintiff was off work for three weeks and worked part-time for an additional three weeks before returning to full-time status, she did not return with any physical restrictions. Moreover, although plaintiff claimed her injuries caused her to limit her pre-accident activities, she still engaged in those activities. In this regard, the court stated:
“[S]he has maintained her general ability to lead her normal life. Her life has not substantially changed since the accident. Plaintiff is employed as a nurse technician. Plaintiff was off work for three weeks following the accident, worked part time for another three weeks, and then returned to full-time work. She is not on any physical restrictions at work, and her job duties were not changed as a result of the accident.”
