Michigan Supreme Court; Docket No. 85675; Unpublished
Judges Walsh, Sullivan, and Baguley; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Cassidy Era – 1983-1986) [§3135(1)]
Objective Manifestation Element of Serious Impairment (Cassidy Era – 1983-1986) [§3135(1)]
Important Body Function Element of Serious Impairment (Cassidy Era – 1983-1986) [§3135(1)]
General Ability / Normal Life Element of Serious Impairment (Cassidy Era – 1983-1986) [§3135(1)]
Determining Serious Impairment of Body Function as a Matter of Law (Cassidy Era – 1983-1986) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unpublished per curiam Opinion, the Court of Appeals upheld a directed verdict in favor of defendant on the issue of serious impairment of body function. The trial court had found that plaintiff’s complaints of persistent back pain were genuine, that the pain was debilitating to plaintiff and sufficient in plaintiff’s mind to keep him from normal activities of life, and that the functioning of the back is an important body function. The evidence indicated that the pain prevented a sexual relationship with plaintiff’s wife, interfered with his relationship with his young son, and kept him from working for two years based upon doctor's orders. Plaintiff’s wife testified that he had been sleeping on the floor since 1979 due to the back pain from the accident. In addition, he no longer participated in any sports, which were a major aspect of his prior social life.
Plaintiff’s doctor testified that the plaintiff showed "significant restriction of lateral bending of cervical spine." In spite of all this evidence, the Court of Appeals, in this pre-DiFranco decision, affirmed the ruling of the trial court that there was no "objective evidence of an injury." The Court held that in most serious impairment cases involving soft tissue injuries, muscle spasm, tenderness and limited flexion do not rise to the level of objective manifestation of injury.
