Michigan Court of Appeals; Docket #227913; Unpublished
Judges Smolenski, Doctoroff and Owens; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Noneconomic Loss Liability for Serious Impairment of Body Function Threshold (Definition) [3135(1)]
Objective Manifestation Element of Serious Impairment [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In this unanimous unpublished per curiam opinion decided without oral argument, the Court of Appeals affirmed the trial court's order granting summary disposition for defendant on plaintiff's claim of serious impairment of body function. The injury suffered by plaintiff was a non specified soft tissue injury resulting in complaints of neck and back pain, headaches, dizziness, tremors and nervousness. Although the court believed a question of fact existed regarding whether plaintiff's injury was objectively manifested, there was inadequate evidence that the injury affected plaintiff's general ability to lead her normal life. In this regard, the court held:
“…the evidence does not show that the impairment was serious. ...she voluntarily limited her usual activities: she did not go to the gym, limited her housework, and did not take her children out. However, she was still able to drive and to leave the home for business and social reasons. Therefore, any injury did not affect her ability to lead a normal life. While plaintiff's expert opined that plaintiff's injury was serious, the issue was one of law for the court and a party's expert is not qualified to interpret and apply the law.”
