Braden v. Lee

• Decision Date: 04 May 1984
• Docket Number: Docket No. 70355
• Citation: Braden v. Lee, 348 N.W.2d 63, 133 Mich.App. 215 (Mich. App. 1984)
• Parties: Jessie BRADEN and Claudine Braden, Plaintiffs-Appellants, v. James LEE, Defendant-Appellee. 133 Mich.App. 215, 348 N.W.2d 63
• Court: Court of Appeal of Michigan

Page 63

348 N.W.2d 63

Jessie BRADEN and Claudine Braden, Plaintiffs-Appellants, v. James LEE, Defendant-Appellee.

Docket No. 70355.

133 Mich.App. 215, 348 N.W.2d 63

Court of Appeals of Michigan.

Submitted Feb. 16, 1984.

Decided March 22, 1984.

Released for Publication May 4, 1984.

[133 MICHAPP 216] Armin G. Fischer, Detroit, for plaintiffs-appellants.

Ready, Sullivan & Ready by Thomas D. Ready, Monroe, for defendant-appellee.

Before ALLEN, P.J., and V.J. BRENNAN and KAUFMAN ^*, JJ.

PER CURIAM.

Following an automobile accident in June, 1979, plaintiff filed suit seeking to recover damages for his injuries. ¹ The complaint alleged that plaintiff had suffered injuries to his left hand, arm and leg, as well as injuries to his back and the surrounding muscles, ligaments and other soft tissues, all of which were alleged to constitute a serious impairment of a body function. Both parties moved for summary judgment on the issue of whether plaintiff's injuries met the threshold requirement for recovery of noneconomic losses. Defendant's motion for summary judgment was granted, and on March 10, 1983, judgment was entered accordingly. Plaintiff now appeals as of right.

Under the Michigan no-fault act, a person remains subject to tort liability for noneconomic loss occasioned by his use, maintenance or operation of a motor vehicle only if the injured party has suffered death, serious impairment of body function or permanent serious disfigurement. M.C.L. Sec. [133 MICHAPP 217] 500.3135; M.S.A. Sec. 24.13135. The determination of what injuries fall within the ambit of the phrase "serious impairment of body function" is properly a question of statutory construction to be resolved by the court. Cassidy v. McGovern, 415 Mich. 483, 330 N.W.2d 22 (1982).

When there is no factual dispute regarding the nature and extent of a plaintiff's injuries or when the factual dispute is not material to the determination of whether plaintiff has suffered a serious impairment of body function, the trial court shall rule as a matter of law whether the threshold statutory requirement has been met. Cassidy, supra, p. 502, 330 N.W.2d 22. When considering the seriousness of the injury, the court should be mindful of the other threshold requirements for recovery of noneconomic loss, death and permanent serious disfigurement, and the legislative reasons for limiting the recovery for noneconomic losses, prevention of overcompensation of minor injuries and reduction of litigation in automobile accident cases. Cassidy, supra.

In the present case, plaintiff did not work for four months following the accident. Approximately one month after the collision, plaintiff began to experience numbness in his right hand. He returned to work in October, 1979, against the advice of his personal physician, after the company doctor indicated that he was able to return to work. Plaintiff was treated for the injuries to his left hand with medication for pain and inflammation. Medical testimony did not establish a conclusive diagnosis for plaintiff's condition. Plaintiff's medical witness stated that he could not reach a definite diagnosis of rheumatoid arthritis but that it was a possible diagnosis. He also could not state to a reasonable degree of medical certainty [133 MICHAPP 218] whether, even if plaintiff did have rheumatoid arthritis, the problems plaintiff had with his other joints were caused by the accident. On the other hand, defendant's medical witness indicated that he did not believe plaintiff to be disabled and that his examination revealed no abnormality in his hands.

When determining whether a certain injury meets the threshold requirement for recovery of noneconomic loss, the court is to apply an objective standard which looks to the effect of the injury on...