Michigan Court of Appeals; Docket #258037; Unpublished
Judges Borrello, Sawyer, and Fitzgerald; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Closed Head Injury Question of Fact [3135(2)(a)(ii)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion decided without oral argument, the Court of Appeals held that even though a medical doctor is not a brain specialist, the doctor is qualified to testify in a tort case that a person has sustained a closed head injury if the doctor diagnoses closed head injuries as a regular part of his practice. The plaintiff in this case sustained a closed head injury in an automobile accident. Pursuant to the requirements of MCL 500.3135(2)(a)(ii), plaintiff provided an affidavit of a licensed medical doctor stating that she had sustained a serious neurological injury and had been diagnosed with cognitive disorders. The trial court granted defendant’s motion for summary disposition, finding the doctor, who is board-certified in internal medicine, sports medicine and geriatric medicine, was unqualified under the statute to provide the required affidavit. In reversing, the Court of Appeals noted the doctor was licensed and that he regularly treats patients with closed head injuries. In this regard, the court stated, “Dr. Gonte averred that he is a licensed medical doctor and that he diagnoses closed head injuries as a regular part of his practice. This was sufficient to satisfy MCL 500.3135(2)(a)(ii). The statute does not require specialization in brain injuries.”
