Michigan Court of Appeals; Docket No. 109609; Unpublished
Judges Hood, Cavanagh, and Fitzgerald; 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)]
Objective Manifestation Element of Serious Impairment (DiFranco Era – 1987-1995) [§3135(1)]
Important Body Function Element of Serious Impairment (DiFranco Era – 1987-1995) [§3135(1)]
General Ability / Normal Life Element of Serious Impairment (DiFranco Era – 1987-1995) [§3135(1)]
Determining Serious Impairment of Body Function as a Matter of Law (DiFranco Era – 1987-1995) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals refused to disturb a jury finding of no cause for action on plaintiff's claim of serious impairment of body function. Plaintiff suffered a fracture to her right ring finger and bruises to the left side of her face and on her left knee. She complained of pain and stiffness in her hands, shoulders, hips and knees. She had a previous condition of degenerative arthritis, diabetes and osteoporosis and had been involved in one previous accident. Defendant admitted negligence and the jury found plaintiffs injuries did not constitute a serious impairment of body function. The court refused to find that the jury's verdict was against the great weight of the evidence.