Michigan Court of Appeals; Docket #236968; Unpublished
Judges Markey, Saad and Smolenski; 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In this unanimous unpublished per curiam opinion, decided without oral argument, the Court of Appeals affirmed summary disposition in favor of defendant on plaintiff's claim of serious impairment of body function. The plaintiff's injuries were described as “several fractured teeth and intense headaches.” Although the court held that plaintiff had presented sufficient evidence to establish a question of fact as to whether his injuries were objectively manifested and impaired an important body function, plaintiff failed to show that his injuries “significantly affected his general ability to lead his normal life.” In this regard the Court stated, “while the dental problems and treatment may have somewhat affected plaintiff’s ability to eat to some extent, there is no evidence that his general ability to lead a normal life was significantly affected. . . . Plaintiff described his headaches as incapacitating, but there is no evidence regarding the extent, duration, or frequency of his incapacitation.” Therefore, plaintiff failed to present sufficient evidence to avoid summary disposition.
