Michigan Court of Appeals; Docket No. 242082; Unpublished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)]
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In this unanimous unpublished per curiam opinion, the Court of Appeals reversed and remanded for further proceedings a trial court decision granting defendant’s motion for summary disposition on the grounds that plaintiff had failed to present sufficient evidence that her general ability to lead her normal life was “significantly altered.”
The Court of Appeals noted that the Supreme Court in its recent remand of Kreiner v Fischer, 468 Mich 884; 664 NW2d 212 (2003), had determined that it was error for the lower courts to require a “serious effect” on “one’s general ability to lead his or her normal life” as required by MCL 500.3135(7).
The Court of Appeals held that the trial court apparently imposed a “higher burden on plaintiff than is required by the plain language of the statute” in that the trial court determined that plaintiff had failed to submit evidence illustrating that her life was “significantly altered” following the car accident. The Court of Appeals held that plaintiff was merely required to show that her injuries had an affect on her “general” ability to lead her life. Because the trial court imposed a higher burden than is required by the plain language of the statute, the case was remanded for further proceedings, including consideration of whether plaintiff’s impairment affects her general ability to lead her normal life.
