Churchman v. Richerson

611 N.W.2d 333, 240 Mich. App. 223
CourtMichigan Court of Appeals
DecidedJune 2, 2000
DocketDocket 210347
StatusPublished
Cited by80 cases

This text of 611 N.W.2d 333 (Churchman v. Richerson) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Churchman v. Richerson, 611 N.W.2d 333, 240 Mich. App. 223 (Mich. Ct. App. 2000).

Opinions

Collins, P.J.

Plaintiff DeAnn Marie Churchman, a minor, by her next friend and father, William Churchman, appeals as of right from the trial court’s order denying reconsideration of its order granting summary disposition to defendant Erik Arthur Rickerson. We affirm in part and remand for further proceedings.

DeAnn Churchman and her brother, David Lee Churchman, also a minor, were injured in a pedestrian-automobile accident. Eleven-year-old DeAnn suffered a closed-head injury. David and DeAnn, with their father as next friend filed a complaint against Rickerson (defendant), the driver of the automobile involved in the accident, and John Frank Broughton, the owner of that vehicle.1 After discovery, defendant moved for summary disposition under MCR 2.116(C)(10) on the basis that plaintiffs had not satisfied the threshold requirements for recovery of noneconomic damages set forth in § 3135 of Michi[226]*226gan’s no-fault act, MCL 500.3101 et seq.; MSA 24.13101 et seq., with regard to either child’s claims. Under Michigan’s no-fault act, a plaintiff injured in an automobile accident may recover noneconomic losses only if he has suffered death, serious impairment of body function, or permanent serious disfigurement. MCL 500.3135(1); MSA 24.13135(1). The version of § 3135 that applies in this case2 provides that whether the plaintiff has suffered serious impairment of body function or permanent serious disfigurement is for the court to decide as a matter of law if there exists no factual dispute with regard to the nature and extent of the plaintiff’s injuries, or, where there is such a factual dispute, that dispute is not material to the determination whether the plaintiff has suffered a serious impairment of body function or permanent serious disfigurement. MCL 500.3135(2)(a)(i) and (ii); MSA 24.13135(2)(a)(i) and (ii). The Legislature created a specific provision, however, for situations where the plaintiff sustained a closed-head injury. MCL 500.3135(2)(a)(ii); MSA 24.13135(2)(a)(ii) provides, in pertinent part, as follows:

However, for a closed-head injury, a question of fact for the jury is created if a licensed allopathic or osteopathic physician who regularly diagnoses or treats closed-head injuries testifies under oath that there may be a serious neurological injury.

With regard to DeAnn’s claims, defendant argued below that, while there was evidence that she suffered a closed-head injury, plaintiffs’ own expert [227]*227neuropsychologist evaluated DeAnn and found that her injury had resolved itself with minimal, if any, lasting residual effects. Defendant further argued that the affidavit of Laran Lemer, D.O., who examined DeAnn at the request of her attorneys, stated that DeAnn “had sustained a post traumatic stress disorder with closed-head injury and traumatic brain injury,” but did not state that DeAnn had sustained a serious neurological injury as required by § 3135.

The trial court first granted summary disposition to defendant with regard to David’s claims.3 Regarding DeAnn’s claims, the court noted that § 3135 was recently amended to include the closed-head injury exception and that there was no published case law interpreting that section. The court concluded, on the basis of the plain language of the statute, that Dr. Lerner’s affidavit attesting to DeAnn’s closed-head injury did not meet the § 3135 threshold because although it provided a diagnosis, it made no mention of the seriousness of the injury. The court then granted summaiy disposition of DeAnn’s claims, dismissed the case with prejudice, and subsequently denied plaintiffs’ motion for reconsideration.

On appeal, DeAnn (hereafter “plaintiff”) argues that the trial court improperly dismissed her claims because it incorrectly interpreted and applied § 3135(2)(a)(ii). We review a trial court’s grant or denial of summary disposition de novo. Spiek v Dep’t of Transportation, 456 Mich 331, 337; 572 NW2d 201 (1998). Statutory construction is a matter of law that we review de novo as well. Oakland Co Bd of Co Rd [228]*228Comm’rs v Michigan Property & Casualty Guaranty Ass’n, 456 Mich 590, 610; 575 NW2d 751 (1998).

The primary goal of statutory interpretation is to ascertain and give effect to the intent of the Legislature. Turner v Auto Club Ins Ass’n, 448 Mich 22, 27; 528 NW2d 681 (1995); Farrington v Total Petroleum, Inc, 442 Mich 201, 212; 501 NW2d 76 (1993). The first criterion in determining intent is the specific language of the statute. Turner, supra at 27. As far as possible, effect should be given to every phrase, clause, and word. Sun Valley Foods Co v Ward, 460 Mich 230, 237; 596 NW2d 119 (1999). Where a statute does not define a term, its ordinary meaning applies. Popma v Auto Club Ins Ass’n, 446 Mich 460, 469-470; 521 NW2d 831 (1994). Reference to a dictionary is appropriate to determine the ordinary meaning of a word. Id. If the plain and ordinary language of the statute is clear, judicial construction is normally neither necessary nor permitted. Heinz v Chicago Rd Investment Co, 216 Mich App 289, 295; 549 NW2d 47 (1996). However, if reasonable minds can differ regarding the meaning of a statute, judicial construction is appropriate. Adrian School Dist v Michigan Public School Employees Retirement System, 458 Mich 326, 332; 582 NW2d 767 (1998). When interpreting a statute, this Court ihust look at the object of the statute and the harm it was intended to remedy, and adopt a reasonable construction that best accomplishes the purpose of the legislation. Marquis v Hartford Accident & Indemnity (After Remand), 444 Mich 638, 644; 513 NW2d 799 (1994).

The no-fault act generally is to be construed liberally because it is remedial in nature. Putkamer v Transamerica Ins Corp of America, 454 Mich 626, [229]*229631; 563 NW2d 683 (1997). However, this rule of construction is intended to apply to the payment of benefits to injured parties, who were intended to benefit from the adoption of no-fault legislation. Id. Where appropriate, the act should be broadly construed to effectuate coverage. McMullen v Motors Ins Corp, 203 Mich App 102, 107; 512 NW2d 38 (1993). One of the specific purposes of adopting no-fault legislation was to partially abolish tort remedies in favor of first-party insurance benefits by creating the tort-remedy threshold found at MCL 500.3135; MSA 24.13135. Stephens v Dixon, 449 Mich 531, 541; 536 NW2d 755 (1995). Thus, a liberal construction of § 3135 is not warranted.

Plaintiff first argues that under the plain language of the statute, a plaintiff who is diagnosed with a closed-head injury automatically meets the § 3135 threshold. We disagree. If that were the case, the Legislature would not have required testimony that a plaintiff had sustained a serious neurological injury, but simply would have required testimony that a plaintiff had sustained a closed-head injury. Indeed, a closed-head injury “may cause damage that ranges from mild to profound.” 3 Olendorf et al., eds, The Gale Encyclopedia of Medicine (Farmington Hills, Mich: Gale Research, 1999), p 1349. Thus, to give effect to the phrase “serious neurological injury,” we must conclude that the closed-head injury provision of § 3135 requires more than a diagnosis that a plaintiff has sustained a closed-head injury.

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Cite This Page — Counsel Stack

Bluebook (online)
611 N.W.2d 333, 240 Mich. App. 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/churchman-v-richerson-michctapp-2000.