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Payne v Gill; (COA-UNP, 4/5/2002, #2290)

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Michigan Court of Appeals; Docket #224873; Unpublished
Judges Kelly, Hood and Doctoroff; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion courthouse graphic


STATUTORY INDEXING:
Noneconomic Loss Liability for Serious Impairment of Body Function Threshold (Definition) [3135(1)]
Objective Manifestation Element of Serious Impairment [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In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed the trial court's ruling denying plaintiff's motion for new trial after a jury verdict of no cause for action on plaintiff's claim of serious impairment of body function. The injury suffered by plaintiff was a non specified knee injury that gave rise to conflicting medical testimony. Plaintiff received no treatment at the hospital following the accident except for a Motrin prescription. Her treatment in the years following the accident consisted of two (2) prescriptions for physical therapy and some chiropractic adjustments. Plaintiff had missed only two (2) days of work and continued to work full-time with only minor accommodations. Although plaintiff contended that she was limited in some recreational activities and yard work, her overall lifestyle did not appear to have been substantially changed. Under these facts, the court concluded “there was sufficient evidence to support the jury's verdict, and the trial court did not abuse its discretion in denying plaintiff's motion for new trial.”



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