Michigan Court of Appeals; Docket #296355; Unpublished (Memorandum Opinion)
Judges Saad, Jansen and Donofrio; Unanimous; memorandum
Official Michigan Reporter Citation: Not applicable; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (McCormick Era: 2010-present) [§3135(7)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unpublished unanimous memorandum opinion dealing with plaintiff’s tort threshold claims for non-economic loss, the Court of Appeals reversed the trial court’s grant of summary disposition in favor of defendant on the threshold issue because the trial court applied the Kreiner v. Fisher decision to plaintiff’s claim and Kreiner was subsequently overruled by the Supreme Court in McCormick v. Carrier. The plaintiff in this case sustained a fractured right wrist that required two surgeries. The trial court granted the motion on the ground that plaintiff’s injury did not affect her ability to lead her normal life because she served in the National Guard after the accident and was not under any medical restrictions. Because the trial court utilized the overruled Kreiner standard in granting summary disposition, the Court of Appeals vacated the trial court’s order and remanded the case for further proceedings in light of the standards set forth in McCormick.
