Michigan Court of Appeals; Docket #225729; Unpublished
Judges Meter, Jansen and Gotham; 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)]
Causation Issues [3135]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed summary disposition in favor of defendant State of Michigan on plaintiff’s tort claim that her injuries constituted serious impairment of body function thereby rendering the defendant liable. The Court of Appeals affirmed the trial court’s dismissal of plaintiff’s case, for the reason that plaintiff had failed to offer sufficient evidence regarding the issue of causation. The court held that although “Plaintiffs may show causation circumstantially, ... the proofs must facilitate reasonable inferences rather than mere speculation.” In the case at bar, plaintiff claims that her knee injury, which subsequently required arthroscopic surgery, was caused by the accident. However, the emergency room records noted no knee damage other than a small cut. In addition, the orthopedic surgeon who performed the arthroscopic surgery stated that the condition was not secondary to trauma, but rather was the result of “a congenital deformity.” Therefore, plaintiff failed to establish that the accident was the cause of her knee condition.
