Michigan Court of Appeals; Docket No. 188475; Unpublished
Judges Michael J. Kelly, Saad, and Beach; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (DiFranco Era – 1987-1995) [§3135(1)]
General Ability / Normal Life Element of Serious Impairment (DiFranco Era – 1987-1995) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion involving a third party liability claim, the Court of Appeals affirmed a jury verdict which found that plaintiff had not suffered a serious impairment of body function. The court concluded that the jury's verdict was not against the great weight of the evidence and therefore there was no basis to overturn the verdict The plaintiff in this case suffered a soft tissue neck injury. Plaintiff did not seek medical treatment until six weeks after the accident, and his doctor placed no medical restrictions on plaintiffs activities. His doctor further opined that plaintiff would make a full recovery. Plaintiff also neglected to perform physical therapy exercises, and refused to wear a prescribed cervical collar. The court concluded that the jury had sufficient evidence to conclude that this injury did not constitute serious impairment of body function.