Michigan Court of Appeals; Docket No. 241948; Unpublished
Judges Whitbeck, Zahra, and Donofrio; 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)]
Objective Manifestation Element of Serious Impairment (Kreiner Era: 1996-2010) [§3135(7)]
General Ability / Normal Life Element of Serious Impairment (Kreiner Era: 1996-2010) [§3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed summary disposition in favor of the defendants on the issue of serious impairment of body function.
The trial court found no objective evidence of an impairment, and assuming there was such evidence, the trial court also found that plaintiff failed to establish that the injury affected her general ability to lead her normal life.
The Court of Appeals, without discussing the specific injury involved, held that the plaintiff had not met the required showing under Kreiner v Fischer, 468 Mich App 884 (2003), on remand, and upheld the ruling of the trial court.
The Court of Appeals noted that plaintiff only missed eight days of work as a result of the accident. These absences were not based upon a doctor’s recommended work restriction, but were self-imposed. Plaintiff underwent physical therapy for less than a month and experienced an almost complete reduction in pain during that period. After completing physical therapy, plaintiff has not had work or activity restrictions imposed by a doctor. She claims she has been unable to exercise or do household chores, but has provided no evidence to support this assertion. At most, plaintiff has shown that she has difficulty performing such tasks.
Based upon the above evidence, the Court of Appeals affirmed the trial court grant of summary disposition in favor of the defendants.
