Michigan Court of Appeals; Docket #215734; Unpublished
Judges Sawyer, Murphy and Saad; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Kreiner Era: 1996-2010) [§3135(7)]
Causation Issues
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous per curiam unpublished opinion, the Court of Appeals affirmed a jury verdict finding that, although plaintiffs had sustained injuries, defendant’s negligence was not the proximate cause of their injuries.
On appeal, plaintiffs claimed that the jury finding of lack of proximate cause was contrary to the evidence at trial, which showed that plaintiffs sustained at least minor injuries as a result of the car accident. The Court of Appeals held that under 3135, it is required that the plaintiff show not only that defendant’s negligent driving proximately caused minor injuries, but also that their serious impairment injuries were a natural result of defendant’s negligence. The court noted that while the Supreme Court has held that recovery is warranted if the trauma from a car accident triggers or precipitates symptoms of another, more serious condition which is not immediately apparent, evidence must show a causal connection between the accident and the subsequent manifestation of the claimed injury. Wilkinson v Lee, 463 Mich 388 (2000) [Item No. 2203]. Here, the jury could reasonably have concluded that both plaintiffs proved they sustained minor injuries as a result of the accident, and could also reasonably conclude that those injuries asserted by plaintiffs as affecting their ability to lead a normal life did not flow from the accident.
