Michigan Court of Appeals; Docket #216325; Unpublished
Judges Saad, White and Hoekstra; 2-1 (Judge Saad 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)]
Objective Manifestation Element of Serious Impairment (Kreiner Era: 1996-2010) [§3135(7)]
Important Body Function Element of Serious Impairment (Kreiner Era: 1996-2010) [§3135(7)]
General Ability / Normal Life Element of Serious Impairment (Kreiner Era: 1996-2010) [§3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this 2-1 per curiam opinion, with Judge Saad dissenting, reversed the trial court's order granting directed verdict in favor of defendant on plaintiff's claim of serious impairment of body function. Plaintiff's injuries consisted of temporal mandibular joint (TMJ) dysfunction, chronic cervical and dorsal myofacial strain and chronic post-traumatic headaches. Citing Kern v Blethen-Coluni, the Court of Appeals held that a material factual dispute existed with regard to the nature and extent of plaintiff's injuries, thereby entitling plaintiff to jury determination. The court found that plaintiff had presented ample evidence to satisfy the objective manifestation requirement of the statute where plaintiff offered x-ray evidence of mild degenerative changes in plaintiff's cervical spine, CAT scan evidence of displaced jaw cartilage and MRI evidence of degenerative changes in the cervical spine. The court also found that the function of the temporal mandibular joint was an important body function (i.e., it is used over a thousand times a day). The court also held that plaintiff had offered sufficient evidence to enable a jury to conclude that plaintiff's general ability to lead his normal life had been affected, which evidence included the following: plaintiff missed 3½ weeks of work; did not resume bike riding for 1½ years after the accident; gained 15-20 pounds because of inactivity; could not eat the same foods; could not resume heavy lifting at work; suffered headaches, neck and jaw pain; and had difficulty bending, twisting and lifting. Judge Saad dissented.
