Michigan Court of Appeals; Docket #224481; Unpublished
Judges Kelly, Hood and Doctoroff; 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)]
Trial Procedure Issues [3135]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion the Court of Appeals affirmed the trial court's refusal to grant JNOV for plaintiff on plaintiff's claim of serious impairment of body function after a jury found against plaintiff on the threshold issue. The Court of Appeals held that reasonable jurors could honestly have reached different conclusions regarding whether plaintiff suffered serious impairment of body function and therefore a question of fact existed that was properly submitted to the jury. The accident in this case was a low speed accident causing minimal damage to the vehicles involved and resulted in soft tissue neck injuries to the plaintiff. Early CT scans, EMGs and MRIs revealed no abnormalities, although a chiropractor testified that an MRI report showed “disc herniation.” There was some dispute, however, as to whether the chiropractor was properly qualified to interpret the MRI. All of this created a question of fact that made entry of a JNOV inappropriate.
