United States District Court, Eastern District of Michigan; Docket No 13-14586
Judge Avern Cohn; Unpublished
Official Michigan Reporter Citation: Not Applicable; Opinion not Available 
STATUTORY INDEX:
Objective Manifestation Element of Serious Impairment (McCormick Era: 2010 - Present) [§3135(5)]
General Ability / Normal Life Element of Serious Impairment (McCormick Era: 2010 – present) [§3135(5)]
Determining Serious Impairment of Body Function As a Matter of Law (Kreiner Era:1996-2010) [§3135(2)]
TOPICAL INDEX:
Not Applicable
CASE SUMMARY:
In this federal Opinion, Judge Avern Cohn granted summary judgment for defendant after finding as a matter of law that plaintiff failed to show that his accident-related injuries affected his general ability to lead his normal life.
The plaintiff in this case was a passenger on a bus that was involved in a collision with a U.S. postal vehicle. Following the collision, the plaintiff stood up by himself and exited the bus without assistance. He reported feeling pain in his neck, back, and knees, and was taken by ambulance to the Henry Ford Hospital emergency room to be examined. A CT scan of Plaintiff's neck showed no acute fracture or gross misalignment. He was prescribed pain medication and discharged the same day. Three days after the accident, Plaintiff sought further treatment and was diagnosed with a sprained left knee, sprained left shoulder, and low back strain. He was further disabled from work, and his pain medication was continued. He was also prescribed physical therapy and a knee brace. After the accident, plaintiff continued working as a home health aide as he did before the accident, “often working more hours” and occasional overtime. A routine physical examination conducted approximately two months after the accident found "no physical/mental condition or health problem . . . that would limit [Plaintiff's] ability to work with or around children/dependent adults." Plaintiff’s employer also "testified that Plaintiff never required assistance to complete his responsibilities, nor did he request that he be placed on ‘light duty’ due to any limitations; instead, Plaintiff reportedly complained that he was not given more hours. “Approximately 5 ½ months after the accident, Plaintiff slipped on a puddle of water and fell while at work. During the fall, he suffered an elbow contusion, a face/scalp contusion, and a lumbar strain. Several days later, Plaintiff was placed on "limited duty" or "light duty" work. Plaintiff brought suit to recover non-economic damages in connection with the prior bus accident. Judge Cohn granted summary judgment for defendant after finding as a matter of law that plaintiff failed to show that his accident-related injuries affected his general ability to lead his normal life. In this regard, Judge Cohn reasoned that "plaintiff's employment records reveal that he experienced no significant impairment after the accident, and that it was not until after the slip-and-fall that Plaintiff had any significant limitations in his work duties. Plaintiff's assertion that he was assigned to monitoring and dispensing medication after the accident is directly contradicted by his employment records and the testimony of his supervisors, which reveal that Plaintiff continued to work ‘as he had before the accident.’ Any claim that his injuries did cause some significant impairment of his general ability to lead a normal life is completely contradicted by his employment history."
