Michigan Supreme Court; Docket No. 74884; Published
Judges Holbrook, Jr., Burns, and Glaser, Jr.; Unanimous; Per Curiam
Official Michigan Reporter Citation: 156 Mich App 545; Link to Opinion 
STATUTORY INDEXING:
Objective Manifestation Element of Serious Impairment (Cassidy Era – 1983-1986) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion decided prior to DiFranco, the Court of Appeals affirmed a jury verdict that plaintiff had not suffered a serious impairment of a body function. In what the Court of Appeals characterized as a "minor automobile accident," plaintiff had sustained a neck injury resulting in daily neck pain, inability to garden, and limitation on housekeeping activities. The doctors testified that she suffered from a cervical sprain, with testimony that the damage to the muscle was permanent.
On appeal, plaintiff objected to language in the trial court's jury instruction stating that "pain and suffering alone do not constitute an impairment of a body function." In reliance upon the decision in Cassidy, the Court of Appeals held that this sentence stated the applicable law, and that a plaintiff who comes to court and shows only pain and suffering cannot claim an impairment of a body function.. The plaintiff must also prove an objectively manifested injury.
