Michigan Court of Appeals; Docket No. 89771; Unpublished
Judges Gillis, MacKenzie, and Robinson; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
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In this unpublished per curiam decision, the Court of Appeals affirmed the trial court's granting of summary disposition in favor of defendant on the issues of serious impairment and serious permanent disfigurement. The injury alleged by plaintiff was a severe, incapacitating weekly headache and a four centimeter scar on plaintiff’s forehead just below the hairline. The Court of Appeals found that the weekly headache did not constitute a serious injury, even assuming that it was objectively manifested as claimed by plaintiff. The Court held that the headache did not impair plaintiff’s ability to lead a normal life. With respect to the scar, the Court found that it was rendered virtually indiscernible by a smaller, yet more prominent, scar in the middle of plaintiff s forehead, and by other readily visible wrinkles on her forehead. These more noticeable imperfections were not caused by the accident.
[Author's Comment: This case, although released after DiFranco, made no mention of the DiFranco decision. The Court based its ruling upon the guidelines set forth in Cassidy.]
