Michigan Court of Appeals; Docket #225124; Unpublished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)]
Objective Manifestation Element of Serious Impairment [3135(7)]
General Ability / Normal Life Element of Serious Impairment [3135(7)]
Closed Head Injury Question of Fact [3135(2)(a)(ii)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed the trial court's order granting summary disposition in favor of defendant on plaintiff's claim of serious impairment of body function. The injury suffered by plaintiff was a mild closed head injury sustained while plaintiff was a high school student. Plaintiff went on to graduate from high school, entered college and took a full-time job. She did not seek neurological treatment for more than one year after the accident. She was subsequently treated with antidepressants and some counseling. Plaintiff did not need significant treatment and continued to participate in all her usual activities. After a short recovery period including some tutoring, plaintiff was able to resume her normal school and social activities without limitation. The court held, “The evidence showed that plaintiff had an objectively manifested injury, i.e., a mild closed head injury resulting in some cognitive difficulties, and some depression.” However, the plaintiff's injuries did not cross the threshold because, “The evidence showed that plaintiff's general ability to lead her normal life was not significantly altered by the injury.” In addition, the court held that plaintiff's treating physician was not qualified to create a question of fact regarding plaintiff's closed head injury claim because the diagnosis and treatment of closed head injuries constituted less than five percent of the doctor's practice.
