Jerika Jones v. David T. Hammons, Grane Transportation Lines, Ltd., and State Farm Mutual Automobile Insurance Company

Summary

The Michigan Court of Appeals affirmed summary disposition for defendants in a motor-vehicle accident case involving a claim for noneconomic damages under Michigan’s no-fault act. The court held that the plaintiff failed to present evidence that her alleged impairment of body function was objectively manifested, distinguishing evidence of an injury from evidence of the injury’s effect on bodily function. The court did not reach the defendants’ cross-appeal regarding negligence.

Holdings

1. A plaintiff seeking noneconomic damages under Michigan's no-fault act must objectively manifest an impairment, meaning the effect of an injury on a body function, rather than merely objectively establish the existence of an injury. Jones's imaging studies, diagnoses, restrictions, and subjective descriptions did not provide evidence that her alleged functional impairments were observable or perceivable from actual symptoms or conditions by someone other than herself.
2. Summary disposition for defendants was proper because Jones failed to produce evidence establishing an objectively manifested impairment required by MCL 500.3135(5)(a).

Questions Presented

1. Whether Jones produced evidence of an objectively manifested impairment sufficient to satisfy the serious-impairment-of-body-function threshold under MCL 500.3135(5)(a) and recover noneconomic damages under Michigan's no-fault act.
2. Whether the circuit court properly granted summary disposition on Jones's noneconomic-damages claim.
3. Whether the court needed to reach the defendants' cross-appeal concerning the existence of a genuine issue of material fact regarding Hammons's negligence.

Disposition

affirmed