Michigan Court of Appeals; Docket #234323; Unpublished
Judges Griffin, Gage and Meter; 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)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, decided without oral argument, the Court of Appeals reversed the trial court’s grant of summary disposition in favor of defendant on plaintiff’s claim of serious impairment of body function. The plaintiff in this case sustained soft tissue type injuries to her cervical, thoracic and lumbar spine as well as her knee. Physical examination of plaintiff revealed a muscle spasms. The trial court ruled that plaintiff had no objectively manifested injuries and that her injuries did not rise to the threshold. The Court of appeals reversed on the issue that the evidence did show an objectively manifested impairment for the reason that her muscle spasms were a medically identifiable injury or condition. In this regard the Court of Appeals stated “Because the record evidence submitted to the trial court contains a diagnosis of muscle spasm based on physical examination, and muscle spasms are ‘an objectively manifested impairment,’ . . . The circuit court erred in ruling that plaintiff failed to present an issue of fact regarding whether plaintiff had an objectively manifested injury.” Therefore the Court reversed on this specific issue.
