Michigan Court of Appeals; Docket No. 212901; Unpublished
Judges McDonald, Kelly, and Cavanagh; 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)]
Determining Serious Impairment of Body Function as a Matter of Law (Kreiner Era – 1996-2010) [§3135(2)]
Causation Issues [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals affirmed the trial court's granting of defendant's motion for summary disposition with regard to plaintiff’s third-party bodily injury liability claim alleging serious impairment of body function. The court held that plaintiff produced insufficient evidence to prove that her injury constituted a threshold injury under the 1995 amendments to section 3135 of the Act.
In this case, the plaintiff was diagnosed with soft tissue type injuries to the cervical spine. The injury was diagnosed as "acute cervical strain" with "paresthesis of the right thumb and index finger." However, plaintiff’s medical records revealed that she suffered from similar problems before her accident, including a pre-accident diagnosis of "bilateral carpal tunnel syndrome." Moreover, plaintiff had complained of similar pain and numbness prior to her automobile accident, as well as minor arthritic changes in the cervical area which were unchanged after her accident.
Although the court agreed that an aggravation of prior existing condition can be a serious impairment of body function, the court held, "The record contains no evidence from which it is possible to conclude that such an aggravation occurred" Accordingly, summary disposition in favor of defendant was affirmed.
