Dorothy Minter v. City of Grand Rapids and John Edward-Rheem Wetzel

Summary

The Michigan Supreme Court, in lieu of granting leave to appeal, reversed part of the Court of Appeals judgment and reinstated the Kent Circuit Court's grant of summary disposition for the defendants. The majority adopted the Court of Appeals dissent's reasoning concerning serious impairment of body function and permanent serious disfigurement under Michigan's no-fault automobile insurance statute; separate opinions criticized the interpretation of MCL 500.3135 and the analysis of the plaintiff's injuries.

Holdings

1. The Court of Appeals erred by reversing the circuit court's grant of summary disposition regarding plaintiff's closed head injury and facial scar; the circuit court's judgment granting defendants summary disposition was reinstated.
2. The Michigan Supreme Court reversed in part the Court of Appeals' judgment and reinstated the Kent Circuit Court's judgment granting defendants' motion for summary disposition.

Questions Presented

1. Whether plaintiff's alleged closed head injury and facial scar satisfied the statutory threshold for recovery of noneconomic damages under MCL 500.3135.
2. Whether the circuit court properly granted defendants' motion for summary disposition as to plaintiff's claimed injuries.

Disposition

reversed