Michigan Court of Appeals; Docket #229882; Unpublished
Judges Gage, Griffin and Buth; 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)]
Determining Serious Impairment of Body Function As a Matter of Law [3135(2)]
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In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed summary disposition in favor of defendant on plaintiff’s noneconomic loss claim for serious impairment of body function. According to the opinion, plaintiff had been suffering from radiating low back pain and was in physical therapy prior to the accident. After the accident, plaintiff complained of increased back pain. Eventually, plaintiff was found to have bulging discs and nerve damage, but there was no evidence that those injuries were causally connected to the accident. The court ruled that the unsworn statements of plaintiff’s doctors were not proper affidavits and therefore were insufficient to create a question of fact. The court also stated:
“a comparison of plaintiff’s lifestyle before and after the accident showed virtually no difference; all aspects of her life had been severely restricted due to the pain before the accident as well as after. Thus, the trial court did not err in concluding that whatever injuries plaintiff suffered in the accident did not affect her general ability to lead her normal life. While plaintiff’s doctors expressed opinions to the contrary, their unsworn statements were not admissible. In addition, the issue was one of law for the court, and a party’s experts are not qualified to interpret and apply the law.”
