Michigan Court of Appeals; Docket No. 236505; Published
Judges Smolenski, White, and Kelly; unanimous, by Judge Smolenski
Official Michigan Reporter Citation: 254 Mich. App. 454, 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 published opinion by Judge Smolenski, the Court of Appeals once again addressed the issue of serious impairment of body function in a case which it had previously determined satisfied that threshold [Item No. 2351], and once again, the Court of Appeals affirmed its previous decision that plaintiff satisfied the serious impairment of body function threshold.
The Court of Appeals’ previous decision in Straub v Collette, 254 Mich App 454 (2002), was vacated and remanded by the Supreme Court for consideration in light of its Order in Kreiner v Fischer, 468 Mich 884 (2003). The Supreme Court held that the Court of Appeals was correct in concluding that plaintiff is not required to show that his impairment “seriously” affects his ability to lead his normal life in order to meet the threshold, but that the Court of Appeals erred in failing to consider whether the injury affected plaintiff’s “general ability to lead his normal life.”
After consideration of the Supreme Court’s remand order and review of the facts relating to the affect on plaintiff’s general ability to lead his normal life, the Court of Appeals once again concluded that plaintiff satisfied the serious impairment of body function threshold.
Plaintiff’s injury consisted of a fracture of the fifth metacarpal of his left hand, commonly known as a “boxer’s fracture.” He sustained open wounds, including extensor tendon injuries to his middle and ring fingers as well. Plaintiff underwent surgery twice, once to repair the damage to his left hand and again to remove the pins that were placed in his hand during the initial surgery. Plaintiff also wore a cast for a period of time, attended physical therapy, and has a continuing inability to completely straighten out his middle finger and to completely close his left hand.
Plaintiff was unable to work as a cable lineman from the date of the accident on September 19, 1999, until he returned part-time in November, 1999. He could not perform or had significant difficulty performing household and personal tasks, he had difficulty operating his “bow shop” and processing deer during the 1999 deer season, and was unable to play in his band until January, 2000, because he did not have strength in his fingers.
Based upon these facts, the Court of Appeals concluded that plaintiff’s injuries significantly affected his general ability to lead his normal life, given the work and tasks he performed before the accident in his normal life. Therefore, plaintiff satisfied the serious impairment of body function threshold.
