Michigan Court of Appeals; Docket #238893; Unpublished
Judges Kelly, White and Hoekstra; (2-1 Judge Kelly dissenting); 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)]
General Ability / Normal Life Element of Serious Impairment [3135(7)]
Determining Serious Impairment of Body Function As a Matter of Law [3135]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this 2-1 unpublished per curiam opinion decided without oral argument, the Court of Appeals reversed the trial court's order granting defendant's motion for summary disposition on plaintiff's claim of serious impairment of body function. The plaintiff sustained unspecified injuries that the court described as follows:
“She takes two to three days per month off from work due to her medical condition resulting from the accident, that her ability to do ordinary housework and to participate in recreational activities that she previously enjoyed was either not feasible or greatly restricted, and that she is unable to ride in a motor vehicle for any significant period of time. Further, she lives with almost constant pain for which she takes medication and is facing the decision on whether to have major back surgery.” The court ruled that “under these circumstances a question of fact exists as to whether plaintiff's injury affected her ability to lead her normal life. The trial court erred by finding that the issue of whether plaintiff suffered a serious impairment of body function was a question of law.”
Judge Kelly dissented.
