Michigan Court of Appeals; Docket No. 242628; Unpublished
Judges Cooper, Markey, and Meter; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEX:
Serious Impairment of Body Function Definition (Kreiner Era: 1996-2010) [§3135(7)]
Objective Manifestation Element of Serious Impairment (Kreiner Era: 1996-2010) [§3135(7)]
General Ability / Normal Life Element of Serious Impairment (Kreiner Era: 1996-2010) [§3135(7)]
TOPICAL INDEX:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed grant of summary disposition in favor of the defendants on the issue of serious impairment of body function.
Plaintiff was a rear-seat passenger in a vehicle which collided with a truck. Plaintiff complained of neck pain and was taken to the hospital. X-rays of her neck were negative. She was diagnosed with neck strain. Two months later she began treating with her family physician for neck pain and headaches. Eventually, plaintiff reported that her neck pain resolved. Several months after the accident, plaintiff developed back pain. Her family physician took her off of work for a time, and imposed lifting restrictions. A physical medicine and rehabilitation specialist opined that her back pain was not related to the accident. A neurologist detected neck pain with paracervical spasms.
The trial court granted summary disposition, finding that although the evidence showed plaintiff had an objectively manifested injury in the form of neck muscle spasms, and that the use of the neck was an important body function, there was no evidence that demonstrated that plaintiff’s neck injury affected her ability to lead her normal life.
In upholding the grant of summary disposition by the trial court, the Court of Appeals held there was no evidence showing that the plaintiff’s back problems were related to the accident. Although plaintiff testified she could no longer do heavy household chores or engage in various activities with her children, the court held there was no evidence showing that her general ability to lead her normal life was adversely affected by an injury caused by the accident. Absent such evidence, plaintiff was unable to make out a prima facie case that she suffered a serious impairment of body function.
