Michigan Court of Appeals; Docket No. 80900; Published
Judges Danhof, R. B. Burns, and Brennan; Unanimous; Per Curiam
Official Michigan Reporter Citation: 145 Mich App 547; Link to Opinion 
STATUTORY INDEXING:
Important Body Function 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 claims of serious impairment of body function and permanent serious disfigurement Plaintiff was a high school girl who sustained fractures of two teeth in an auto accident The left lateral incisor was fractured only to the extent of the enamel and the only treatment required for this was the smoothening of the tooth back to a natural shape. The lower center incisor was fractured through the enamel dentin and pulpal tissue and required a root canal. Plaintiff missed one day of school and resumed playing trumpet in the school band despite having some discomfort. Plaintiff had no eating or speech problems.
The court held that under Cassidy, claims of permanent serious disfigurement also involve questions of law when there is no material factual dispute as to the nature and extent of the injury. In ruling against plaintiff, the court held, "We do not believe that chipped teeth are the type of injuries for which the Legislature intended to allow recovery when it established the threshold of permanent serious disfigurement."
