Detroit Common Pleas Court; Docket No. 4-474-992; Unpublished
Judge Henry J. Szymanski; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Pre-Cassidy Era – 1973-1982) [§3135(1)]
General Ability / Normal Life Element of Serious Impairment (Pre-Cassidy Era – 1973-1982) [§3135(1)]
Determining Serious Impairment of Body Function as a Matter of Law (Pre-Cassidy Era – 1973-1982) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion, Judge Henry Szymanski ruled as a matter of law that the plaintiff had not sustained a serious impairment of body function and, accordingly, granted a defense motion for directed verdict on this threshold issue. Plaintiff in this case complained of generalized intermittent neck and back pain for a number of years as a result of an auto accident He lost relatively little time from work (one and a half weeks) before returning to a physically demanding job. He treated with two different chiropractors, the last of which involved approximately 28 visits over three years. In granting the motion for directed verdict, Judge Szymanski held that the Court of Appeals has, on at least three occasions, approved taking the "threshold issue" away from the jury where the plaintiff’s injuries fall below "permissible limits." Judge Szymanski felt that the plaintiff’s injuries fell below these permissible limits in this case and accordingly granted the directed verdict.
