Michigan Court of Appeals; Docket #237537; Unpublished
Judges Markey, Smolenski 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In this unanimous unpublished per curiam opinion the Court of Appeals affirmed summary disposition in favor of defendant on plaintiff's claim of serious impairment of body function. Plaintiff sustained what appeared to be soft tissue type injuries to the cervical, thoracic, and lumbar spine, none of which were demonstrable by traditional clinical testing. The issue on appeal was whether plaintiff's injuries were objectively manifested. Citing Jackson v Nelson, the court agreed that the DiFranco definition of objectively manifested was applicable and accordingly plaintiff must show a “medically identifiable injury or condition that has a physical basis.” (See SJI2d 36.11). However, based upon the evidence introduced the court found that plaintiff had not met this burden. In this regard, the court noted:
“none of the evidence in the lower court record demonstrates a medically-identifiable injury. The doctors consistently reported an absence of injury and normal tests. While Dr. Al-Rawi made a possible diagnosis of 'degenerative disc disease' and Dr. Juras also noted 'mild degenerative change in the thoracic spine', neither of these doctors related the degenerative changes at issue to the automobile accident. . . . Moreover, the notations by Dr. Weiss, which plaintiff cites in her appellate brief were nothing more than his suspicions of a disc protrusion or 'underlying lumbar spinal canal stenosis'. . . . The evidence simply did not rise to the standard required by the case law. Indeed, plaintiff's complaints were more akin to 'general aches and pains' for which noneconomic damages are not recoverable.”
