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Schwartzenfeld v Raupp; (COA-UNP, 11/26/2002, RB #2343)

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Michigan Court of Appeals; Docket #237449; Unpublished
Judges Markey, Saad and Smolenski; unanimous
Official Michigan Reporter Citation: Not Applicable, Link to Opinion courthouse graphic


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)]
Noneconomic Loss Liability for Permanent Serious Disfigurement Threshold (Definition) [3135(7)]

TOPICAL INDEXING:
Not applicable


CASE SUMMARY:
In this unanimous unpublished memorandum opinion, decided without oral argument, the Court of Appeals affirmed summary disposition in favor of defendant on plaintiff's claims of serious impairment of body function and permanent serious disfigurement. The plaintiff was a doctor and surgeon who sustained unspecified injuries to his left thumb and shoulder. The Court of Appeals held that plaintiff “failed to present evidence that his general ability to lead his normal life had been significantly altered.” It was noted that plaintiff could perform the same type and quantity of surgery as he had prior to the accident and that his social life was only temporarily disrupted with regard to his golf game and bicycling. Moreover, the Court held that “the minor scar on his shoulder cannot be characterized as a serious disfigurement and there was no evidence that the scar was permanent.”




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