Minter v. City of Grand Rapids

739 N.W.2d 108, 275 Mich. App. 220
CourtMichigan Court of Appeals
DecidedAugust 29, 2007
DocketDocket 273017
StatusPublished
Cited by9 cases

This text of 739 N.W.2d 108 (Minter v. City of Grand Rapids) 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
Minter v. City of Grand Rapids, 739 N.W.2d 108, 275 Mich. App. 220 (Mich. Ct. App. 2007).

Opinions

DAVIS, J.

Flaintiff appeals as of right an order granting summary disposition to defendants pursuant to MCR 2.116(0(10). The trial court determined that plaintiff did not suffer either a serious impairment of [223]*223body function or a permanent serious disfigurement, so her claim was barred by the no-fault insurance act, MCL 500.3101 et seq. We affirm in part, reverse in part, and remand.

Defendant Wetzel is a police officer employed by defendant city of Grand Rapids. On August 15, 2002, at approximately 5:00 p.m., he was in a police cruiser responding to a request for assistance from another officer. He slowed down to make a left turn despite his view being blocked by an illegally parked vehicle. When he turned, he struck plaintiff, who was legally crossing the street. Wetzel was traveling approximately 15 to 20 miles an hour at the time of the collision, and he does not dispute that the accident was his fault.

Plaintiff was 67 years old at the time; she had a bad back and could not lift things, but she was otherwise self-sufficient and leading a normal life without physical issues. As a result of the accident, she sustained a broken toe, a cervical strain,1 a closed head injury, and a laceration above her right eyebrow. Plaintiff took Vicodin and wore a special soft shoe for a week to a month, and, by the time of her deposition, her toe had completely healed. Her cervical strain required her to wear a soft collar for two weeks and refrain from heavy lifting, bending, squatting, and housework for three months; she still experienced stiffness six months later, but again, by the time of her deposition, the strain was completely resolved.

Although the laceration has healed, plaintiff still has a scar above her right eyebrow. Apparently, the scar can be reduced but not completely removed. Plaintiff finds the scar embarrassing, and it itches, occasionally becomes numb, and hurts when touched. Plaintiff also [224]*224contends that the scar prevents her from moving her right eyebrow in a “normal” manner. However, the scar is only approximately 13 millimeters (slightly longer than half an inch) long. Plaintiff was diagnosed with a “mild traumatic brain injury” by her treating allopathic physician as a result of her closed head injury. She reported frequent headaches, occasional dizziness, memory problems, and insomnia. She was prescribed physical therapy, speech therapy, and language therapy, but she was not restricted from any daily activities. Although she completed her treatment and has fewer headaches, she contends that she has more dizziness, as well as confusion and blurred vision. She contends that she is no longer able to walk, dance, or even cross the street comfortably.

The trial court determined that plaintiff did not suffer for any “prolonged” period from her injuries, and her injuries did not affect her ability to live her normal pre-accident life. The trial court also determined that plaintiffs scar was “relatively small” and not “readily noticeable.” Therefore, the trial court concluded that plaintiff had not suffered a “serious impairment of a bodily function” or a “permanent serious disfigurement.” The trial court therefore granted summary disposition to defendants, and plaintiff now appeals as of right.

A grant or denial of summary disposition is reviewed de novo to determine if the moving party is entitled to judgment as a matter of law. Maiden v Rozwood, 461 Mich 109, 118; 597 NW2d 817 (1999). When reviewing a motion under MCR 2.116(C)(10), which tests the factual sufficiency of the complaint, we consider all the evidence submitted by the parties in the light most favorable to the nonmoving party and grant summary disposition only where the evidence fails to establish a [225]*225genuine issue regarding any material fact. Maiden, supra at 120. We likewise review de novo questions of statutory construction, with the primary goal of giving effect to the intent of the Legislature. Weakland v Toledo Engineering Co, Inc, 467 Mich 344, 347; 656 NW2d 175 (2003), amended on other grounds 468 Mich 1216 (2003). The general purpose of the no-fault insurance act was to partially abolish tort remedies for injuries sustained in motor vehicle accidents and to substitute first-party insurance benefits in the place of tort remedies. Stephens v Dixon, 449 Mich 531, 541; 536 NW2d 755 (1995). Under the no-fault insurance act, a person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person suffered death, serious impairment of body function, or permanent serious disfigurement. Id. at 539; MCL 500.3135(1).

The standard for assessing whether a plaintiff has sustained a serious impairment of body function is set forth in Kreiner v Fischer, 471 Mich 109; 683 NW2d 611 (2004). This is a threshold standard, requiring “an objectively manifested impairment” that affects the plaintiffs “general ability to lead his or her normal life.” MCL 500.3135(7). This analysis is highly plaintiff-specific: for example, a plaintiff who can no longer throw a baseball at 95 miles an hour might or might not be “seriously impaired” depending on whether the plaintiff was a professional baseball pitcher or “an accountant who likes to play catch with his son every once in a while.” Kreiner, supra at 134 n 19. The overall course of the specific plaintiffs “entire normal life” before and after the accident must be compared. Id. at 130-131. Our Supreme Court has provided a list of factors that “may be of assistance,” but emphasized that they are not exclusive. Id. at 133-134. The only [226]*226caveat is that residual impairment cannot be established on the basis of a plaintiffs self-imposed limitations “based on real or perceived pain.” Id. at 133 n 17; McDanield v Hemker, 268 Mich App 269, 282-283; 707 NW2d 211 (2005). The first step of this analysis requires the court to “determine that there is no factual dispute concerning the nature and extent of the person’s injuries,” or that the dispute is immaterial. Kreiner, supra at 131. The court must then determine whether an important body function has been impaired, whether any such impairment is objectively manifested, and, if so, whether the impairment affects the plaintiffs general ability to lead his or her normal life. Id.

We agree with the trial court that plaintiffs broken toe and cervical strain do not meet this standard. At most, she had to wear a soft shoe for a month and a soft collar for two weeks, and she had to refrain from activities that she was mostly or completely unable to do anyway. Plaintiff does not experience any ongoing effects of either injury. The trial court properly granted summary disposition regarding plaintiffs broken toe and cervical strain.

It appears to us that the trial court may have concluded that plaintiff was legally unable to establish a serious impairment of body function in the form of a closed head injury based on a diagnosis by her treating allopathic physician (who regularly treats closed head injuries) of “mild traumatic brain injury.” If so, this is simply incorrect. The relevant statute, MCL 500.3135(2)(a), provides as follows:

The issues of whether an injured person has suffered serious impairment of body function or permanent serious disfigurement are questions of law for the court if the court finds either of the following:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sgm v. James Robert David Whiteford
Michigan Court of Appeals, 2025
Nahsuante S Scarber v. Delvester D Issa
Michigan Court of Appeals, 2022
Fisher v. Blankenship
777 N.W.2d 469 (Michigan Court of Appeals, 2009)
Premo v. United States
580 F. Supp. 2d 562 (E.D. Michigan, 2008)
Belknap v. J.B. Hunt Transport, Inc.
273 F. App'x 415 (Sixth Circuit, 2008)
White v. Taylor Distributing Co.
739 N.W.2d 132 (Michigan Court of Appeals, 2007)
Minter v. City of Grand Rapids
739 N.W.2d 108 (Michigan Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
739 N.W.2d 108, 275 Mich. App. 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minter-v-city-of-grand-rapids-michctapp-2007.