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Smith v Townsend; (COA-UNP, 11/12/2002, RB #2334)

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Michigan Court of Appeals; Docket #234446; Unpublished
Judges Griffin, Gage and Meter; 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)]

TOPICAL INDEXING:
Not applicable


CASE SUMMARY:
In this unanimous unpublished per curiam opinion, decided without oral argument, the Court of Appeals affirmed summary disposition in favor of defendant on plaintiff's claim of serious impairment of body function. The plaintiff sustained a laceration over his right eye, a contusion on his face, two nondisplaced fractured ribs, and a right orbital wall fracture. The plaintiff also complained of two small disc herniations, which the evidence disclosed were “degenerative” and determined not to be the cause of plaintiff's ongoing pain. The court found that although plaintiff had sustained objectively manifested injuries, “these injuries healed rapidly and did not require further care. . . . No evidence showed that plaintiff suffered any residual impairments resulting from these injuries.” Moreover, plaintiff's pre-accident work history was only sporadic and this did not change after the accident.



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