Michigan Court of Appeals; Docket No. 77163; Published
Judges Cynar, Beasley, and Robinson; Unanimous; Per Curiam
Official Michigan Reporter Citation: 142 Mich App 256; Link to Opinion 
STATUTORY INDEXING:
Determining Serious Impairment of Body Function as a Matter of Law (Cassidy Era – 1983-1986) [§3135(1)]
Evidentiary Issues [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this multi-issue case involving many non no-fault matters, the Court of Appeals unanimously affirmed the trial court's decision refusing to grant plaintiff’s motion for directed verdict on the threshold injury issue. The court stated that in considering a motion for directed verdict, the trial court should view the evidence in a light most favorable to the nonmoving party. In this particular case, there was a clear factual dispute as to the cause of some of plaintiff s alleged injuries, as well as the nature and extent of those injuries. In addition, the court noted that the credibility of both plaintiff and the doctor were put directly in issue. Therefore, plaintiff’s motion for directed verdict on the threshold question was properly denied. The injuries claimed by plaintiff involved back pains, sprained shoulder, right ankle pain, lower abdominal pain, neck and back pain, headache and an alleged fractured tailbone which was not diagnosed until two and a half years after the accident.
