What Does it Take To Establish a “Serious Impairment” Under Michigan's Auto No-Fault Laws?
The Michigan Court of Appeals in Dean v. Stallworth, considered the trial court’s decision to grant a motion for summary disposition under MCR 2.116(C)(10) in an auto negligence case. The issue on appeal of was whether a genuine issue of material fact existed as to whether plaintiff incurred an injury that constituted a ‘serious impairment of body function’ under MCL 500.3135(5). There are three elements that must be satisfied under MCL 500.3135(5). The first is that the plaintiff must show that his impairment was “objectively manifested.” The second element the plaintiff must prove that the impairment was “of an important body function.” To satisfy the third element prescribed by MCL 500.3135(5) plaintiff had to show that the impairment affects a claimant’s ability to lead a normal life.
Plaintiff argued that his ability to lead a normal life was affected by his injury. Plaintiff primarily complained of weight gain because of the injury. He further claimed he was unable to box, play basketball, or other normal activities, such as standing. Based on the evidence presented at trial, plaintiff had only gained about 10 pounds over the course of five months post-MVA. Fourteen (14) months after the accident, plaintiff testified that he no longer had pain resulting from the accident. Given the forgoing facts, the Court of Appeals upheld the trial courts conclusion that no genuine issue of material fact existed as to whether plaintiff suffered serious impairment of a body function as defined in MCL 500.3135(5).
The Court of Appeals noted that subjective complaints of pain and suffering are insufficient to show impairment. The Court of Appeals noted that plaintiff’s medical records did not show an objectively manifested injury. If plaintiff presents no evidence of an objective basis for his subjective complaint, it makes it more probable that the case will be summarily dismissed and that the Court of Appeals will affirm the dismissal.
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