Michigan Court of Appeals; Docket #263929; Unpublished
Judges Donofrio, Borrello, and Davis; 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)]
General Ability / Normal Life Element of Serious Impairment [3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion decided after the Supreme Court’s decision in Kreiner v Fischer [RB #2428] interpreting the statutory definition of serious body function, the Court of Appeals reversed the trial court order granting summary disposition in favor of defendants on plaintiff’s claim for non-economic losses. The plaintiff in this case sustained injuries in an automobile accident that exacerbated her pre-existing back, neck and shoulder problems. Her treatment included discectomy surgery to her neck and acromioplasty surgery to her right shoulder. The trial court determined plaintiff did not suffer a serious impairment of body function because her life after the accident was not substantially different from her life before the accident. Although the Court of Appeals agreed, it recognized an injury need not be permanent in order to be a threshold injury. Therefore, it determined that due to the seriousness of her treatment, summary disposition was improper. In this regard, the court stated:
“‘While an injury need not be permanent, it must be of sufficient duration to affect the course of a plaintiff’s life.’ . . . Plaintiff’s treatment included discectomy surgery to her neck and acromioplasty surgery to her right shoulder. Her treating surgeon opined that plaintiff had no quality of life and that all activities would limit her, thereby requiring the performed surgeries. Given the significant nature of the surgeries involved in treating plaintiff’s injury, we feel that summary disposition cannot be granted until the possibility of a temporary serious impairment of bodily function has been considered by the trial court.”
