Michigan Court of Appeals; Docket #251444; Unpublished
Judges Fort Hood, Griffin 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 [3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion decided without oral argument after the Supreme Court’s decision in Kreiner v Fischer [RB #2428] interpreting the statutory definition of serious body function, the Court of Appeals affirmed the trial court’s order granting summary disposition in favor of defendant on plaintiff’s claim for non-economic losses. The plaintiff in this case sustained ill-defined injuries to one knee and his lower back. In affirming, the court first noted the plaintiff’s injuries were not as severe as the injuries alleged in Kreiner and Straub. It then found that plaintiff failed to show that his injuries affected his general ability to lead his normal life. In this regard, the court stated:
“Plaintiff presents no showing of what a ‘normal life’ for him actually was before the date of the accident or how it has been changed, if it has changed, since the accident. Plaintiff was unemployed before the accident and remains incarcerated and unemployed. He does not complain of sleep problems, range of motion restrictions, or other secondary effects from the pain. Plaintiff has thus failed to meet his burden of opposing defendants’ motion for summary disposition.”
