Michigan Court of Appeals; Docket #261313; Unpublished
Judges Murphy, Sawyer, 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 [3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held plaintiff’s injuries and alleged impairments do not constitute a serious impairment of body function and affirmed the ruling of the trial court granting summary disposition for the defendant.
In this case, plaintiff, a cancer survivor involved in a motor vehicle accident on January 26, 2003, alleged “numbness and immobility of his arm and leg that lasted approximately 24 hours.” He was diagnosed with a contusion of the spinal cord. Plaintiff’s treatment consisted of aggressive physical therapy, wearing a neck brace “for a period of time,” epidural injections, and oral pain medications. He discontinued medical treatment in April, 2004.
In affirming the trial court grant of summary disposition in favor of the defendant, the Court of Appeals held “. . . neither plaintiff’s injuries nor his alleged impairments were objectively manifested via any of the diagnostic test results.” Plaintiff has provided no objective medical evidence that the complaints he continued to have following treatment were either caused by, or related in any way to injuries he suffered in the automobile accident. The court further noted that plaintiff was not gainfully employed either before or after the accident. Further, there was no evidence in the record indicating plaintiff was no longer able to engage in activities he had enjoyed prior to the accident. No evidence showed plaintiff’s physician restricted him from engaging in any activities whether work oriented or recreational. Consequently, as a matter of law, plaintiff’s injuries do not constitute a serious impairment of body function.
