Michigan Court of Appeals; Docket #228650; Unpublished
Judges Kelly, Doctoroff and Cavanagh; 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)]
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In this unanimous unpublished per curiam opinion decided without oral argument, the Court of Appeals affirmed the trial court's order granting summary disposition for defendant on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 described as “bilateral carpal tunnel syndrome and cervical radiculopathy.” In affirming summary disposition in favor of defendant, the Court of Appeals agreed that plaintiff had failed to show her injury sufficiently impacted her life. In this regard, the court stated:
“A plaintiff must show that the general ability to lead a normal life has been significantly altered by the injury. Plaintiff has failed to do so in this case. She was able to return to work performing the same job duties. She testified that her daughter does household chores, such as laundry, cooking, and cleaning. There was no evidence that the accident changed plaintiff's recreational life. The trial court properly granted summary disposition where the record did not show a significant alteration in plaintiff's life.”