Michigan Court of Appeals; Docket #236000; Unpublished
Judges Whitbeck, Griffin and Owens; 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In this unanimous unpublished per curiam opinion the Court of Appeals reversed summary disposition in favor of defendant on plaintiff's claim of serious impairment of body function. Plaintiff sustained soft tissue injuries and a nondisplaced fracture of her sternum. In response to defendant's motion for summary disposition, plaintiff submitted a detailed affidavit outlining her limitations and physical impairments suffered as a result of the injury. The court held that plaintiff's affidavit and the medical records attached to it established an “outcome determinative genuine factual dispute regarding whether plaintiff's objectively manifested fracture impaired an important body function and whether the impairment significantly affected plaintiff's general ability to live her normal life. Contrary to the ruling of the lower court, 'an injury need not be permanent to be serious'. . . . Because plaintiff's fractured sternum is an 'objective manifested' injury and because genuine issues of material fact remain regarding whether an important body function was impaired and whether plaintiff's general ability to live her normal life was significantly affected, the circuit court erred in granting summary disposition.”
