Michigan Court of Appeals; Docket No. 79935; Published
Judges Brennan, Holbrook, and Simon; Unanimous; Per Curiam
Official Michigan Reporter Citation: 145 Mich App 516; 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 unanimous per curiam Opinion, the Court of Appeals affirmed summary judgment in favor of defendant on plaintiff’s claim of serious impairment of body function. Plaintiff sustained soft tissue injuries to the musculature of her neck and upper back when she was rearended while stopped in traffic. X-rays for fracture proved negative. Plaintiff was never hospitalized. Her doctor diagnosed that she suffered from a "dorsal vertebral strain and chronic cranio-cervical injury." Her medical care included 45 medical visits in the 14 months following the accident Plaintiff’s doctor placed no work or activity restrictions on plaintiff, and she testified that she never missed any work or school as a result of her injuries. The injury did not have a significant effect on plaintiff’s lifestyle. Therefore, defendant was entitled to summary judgment as a matter of law.