Michigan Court of Appeals; Docket #238686; Unpublished
Judges Jansen, Kelly and Fort Hood; 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)]
Important Body Function 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In this unanimous unpublished per curiam opinion decided without oral argument, the Court of Appeals reversed summary disposition in favor of defendant on plaintiff's claim of serious impairment of body function. Plaintiff's injuries consisted primarily of soft tissue cervical injuries that the court described as follows:
“The evidence showed that plaintiff had muscle spasms, which are objective manifestations of injury. . . . In addition, x-rays showed disc space narrowing at C4-C5 and C5-C6 and an MRI showed disc bulges at C4-C5 and C5-C6. These are also objective manifestations of injury. . . . Although plaintiff's x-rays showed the same condition before the accident, her doctors stated that the conditions were related to the accident, thus creating a question of fact. The injuries affected plaintiff's ability to move her neck and shoulder, which are important body functions. The injury was not extensive and required no treatment other than medication and physical therapy. According to one doctor, plaintiff's physical condition was completely normal by February 2001, so the only residual impairment is unexplained pain. However, plaintiff was disabled from working for ten months and had difficulty doing housework and yard work. Such evidence was sufficient to create a question of fact whether plaintiff's injuries were serious.”
