Michigan Court of Appeals; Docket #228902; Unpublished
Judges Gage, Griffin and Buth; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Noneconomic Loss Liability for Serious Impairment of Body Function Threshold (Definition) [3135(1)]
Objective Manifestation Element of Serious Impairment [3135(7)]
Determining Serious Impairment of Body Function As a Matter of Law [3135(2)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed summary disposition in favor of defendant on plaintiff’s non-economic loss damage claim alleging serious impairment of body function. The plaintiff in this case had been involved in three (3) previous accidents before the subject accident. Plaintiff alleged that as a result of his most recent accident, he suffered mid-back injuries and reduced range of motion. The court found that plaintiff failed to offer any evidence that these injuries were objectively manifested. In this regard, the court stated:
“Plaintiff’s injuries from this accident consisted of a decreased range of motion and pain on bending and twisting. Those injuries were not objectively manifested. Plaintiff’s experts could not specify which accident caused plaintiff’s ultimate condition, and could only state that his condition was the end result of all three incidents. Given the evidence presented, the trial court did not err in granting defendant’s motion for summary disposition.”
