United States District Court, Eastern District of Michigan; Case No. 13-11713
Judge Cleland; Unpublished
Official Michigan Reporter Citation: Not Applicable; Opinion not Available 
STATUTORY INDEX:
Objective Manifestation Element of Serious Impairment (McCormick Era: 2010 - Present) [§3135(5)]
TOPICAL INDEX:
Not Applicable
CASE SUMMARY:
In this federal Opinion, Judge Cleland held that the plaintiff failed to establish that he suffered an objectively manifested impairment because the plaintiff “presented no evidence to support such a claim."
The plaintiff in this case was involved in a minor accident. After the accident, he did not seek medical attention and returned to his place of employment. Plaintiff sought medical attention the following month, and apparently had an MRI scan at some point. Plaintiff went on to claim that he suffered brain, shoulder, neck, and back injuries as a result of the accident. The plaintiff refused to respond to discovery requests, and two independent medical examinations concluded that plaintiff did not suffer any cognitive or spinal injuries. The only evidence that plaintiff offered to substantiate his claimed injuries was his own subjective deposition testimony. Based on the foregoing, the court found that the plaintiff failed to present evidence to establish that he suffered an objectively manifested impairment. In this regard, the court held, "Plaintiff cannot meet his burden of establishing 'an objectively manifested impairment' because he has presented no evidence to support such a claim." Hill at *11.
