Michigan Court of Appeals; Docket #234847; Unpublished
Judges Fitzgerald, Talbot and Wilder; 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)]
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In this unanimous unpublished per curiam opinion the Court of Appeals affirmed summary disposition in favor of defendant on plaintiff's claim of serious impairment of body function. The plaintiff sustained unspecified injuries to the right knee. In holding that these injuries did not constitute serious impairment, the court stated:
“The evidence in this case established that plaintiff had right knee pain, swelling, joint effusion, crepitation, and arthritis before the accident. Plaintiff's doctor concluded that her ongoing problems with her right knee were most likely the result of rheumatoid arthritis. A doctor must be able to literally or substantively indicate the degree of injury to satisfy the threshold requirement. Here, plaintiff's doctor could not definitively attribute plaintiff's condition to her accident, stating that arthritis was most likely the cause. Thus, plaintiff's injury did not meet the required threshold for recovery under MCL 500.3135(1). . . .”
