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Craig v Smeader and Doe; (COA-UNP, 2/12/2004, RB #2439)

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Michigan Court of Appeals; Docket No. 243513; Unpublished    
Judges Cooper, O’Connell, and Fort Hood; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion courthouse graphic


STATUTORY INDEXING:  
Serious Impairment of Body Function Definition (Kreiner Era: 1996-2010) [3135(7)]  
General Ability / Normal Life Element of Serious Impairment (Kreiner Era: 1996-2010) [3135(7)]      

TOPICAL INDEXING: 
Not applicable 


CASE SUMMARY: 
In this unanimous unpublished per curiam opinion, the Court of Appeals upheld a determination that plaintiff’s non-displaced fractures of the C7 and T1 vertebrae, which resulted in one night in the hospital and the wearing of a soft brace for a short period of time, did not satisfy the serious impairment of body function threshold, in that it did not adversely affect the injured person’s general ability to lead her normal life.

The court noted that the evidence was undisputed that plaintiff wore a soft cervical collar for approximately one month and took prescription pain medication for a short time. She had several follow-up consultations with physicians, but required virtually no further treatment. After one month she resumed normal activities. Plaintiff testified that she felt pain in her neck from time-to-time. She acknowledged that she was able to engage in any activity she wished without restrictions.

Based upon the above evidence, the Court of Appeals held that plaintiff’s general ability to lead her normal life was not adversely affected by her injury from the accident.


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