Michigan Court of Appeals; Docket #264080; Unpublished
Judges O’Connell, Smolenski, and Talbot; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Kreiner Era - 1996-2010 [3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, decided without oral argument after the Supreme Court’s decision in Kreiner v Fischer [RB #2428] interpreting the statutory definition of serious body function, the Court of Appeals affirmed the trial court order granting summary disposition in favor of defendant on plaintiff’s claim for non-economic losses. The plaintiff in this case sustained undefined injuries which forced her to work one hour less per day as a home health aide than she had before her injuries. Plaintiff was also limited to light duty work by her doctor, which rendered her unable to lift her patients and walk up and down stairs more than two times in an eight hour period. Her injuries also prevented her from shopping for extended periods of time or kneeling to pray. In affirming the trial court’s decision, the Court of Appeals noted the plaintiff’s reduction in hours was far less than the plaintiff’s reduction in work hours in Kreiner. Moreover, the court noted plaintiff began working two part-time jobs after her accident in addition to her full-time job as a home health aide. As to her inability to shop for an extended amount of time, the court noted this limitation was self-imposed. Finally, as to her inability to kneel while praying, the court noted she admitted she now prays in bed.
