Michigan Court of Appeals; Docket #239740; Unpublished
Judges Griffin, White and Murray; 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)]
General Ability / Normal Life Element of Serious Impairment [3135(7)]
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In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed summary disposition in favor of defendant on plaintiff's claim of serious impairment of body function. Plaintiff sustained unspecified neck, arm, shoulder, and head pain which she alleges disrupted her normal life by requiring assistance in performing certain household chores such as vacuuming, cleaning, grocery shopping, child care, etc. The court stated that even though plaintiff may have submitted sufficient evidence of objectively manifested injury, plaintiff failed to establish that her injuries affected her general ability to lead her normal life. In this regard, the Court noted that plaintiff was able to work 40 hours a week having missed only one day because of the accident. Moreover, plaintiff was able to do a variety of household activity and chores. The court stated:
“Although plaintiff has experienced some minor lifestyle changes since the accident and may require some assistance in performing some household chores, the facts do not establish that her ability to lead her normal life has been significantly altered by her injuries.”