Michigan Court of Appeals; Docket #270427; Unpublished
Judges Murphy, Meter, and Davis; 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)]
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In this unanimous unpublished per curiam opinion, decided after the Supreme Court’s decision in Kreiner v Fischer [RB #2428], interpreting the statutory definition of serious impairment of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.
Plaintiff, an 80-year-old male, sustained a broken rib and burns in a motor vehicle accident. Although plaintiff recovered and returned to his part-time job as a mail carrier, several months later, plaintiff’s artificial hip failed. In affirming the trial court’s decision, the Court of Appeals first found that testimony that the artificial hip failed due to trauma sustained in the motor vehicle accident was properly excluded under MRE 403 because it was purely speculative. The court then determined that, based upon a review of the record, that the trial court properly found that plaintiff did not meet the serious impairment of body function threshold of Kreiner.
