Gena Kencaid v. State Farm Mutual Automobile Company, 367723

Plaintiff Gena Kencaid was involved in a motor vehicle accident in November 2020, where a City of Huntington Woods employee, Ian Nock, struck her vehicle with a city-owned truck.
Kencaid alleged injuries to her shoulder and back, filing claims against Nock (for negligence) and the City (for negligent entrustment of the vehicle).
The City and Nock sought summary disposition, largely arguing governmental immunity and lack of valid pleading in avoidance thereof, and asserted that Kencaid failed to prove her injuries were caused by the accident or that they met statutory thresholds.
The trial court granted summary disposition for the City and Nock, denied Kencaid’s motion to amend her complaint as futile, and found her injuries were from degenerative conditions, not the accident.
On appeal, Kencaid argued she should have been given leave to amend and that factual issues remained as to causation and statutory injury thresholds for damages.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did plaintiff plead in avoidance of governmental immunity?	Complaint's facts were sufficient or could be cured by amendment	Plaintiff failed to reference immunity or cite relevant exceptions	Plaintiff did not initially plead properly, but amendment should be allowed
Was summary disposition appropriate on causation?	Genuine dispute whether accident caused injuries	Injuries were degenerative; lack of medical evidence supporting accident link	There is a factual dispute precluding summary disposition
Was proving a statutory threshold injury required for excess economic damages?	Not required for excess economic damages under MCL 500.3135(3)(c)	Plaintiff must show serious impairment even to claim excess economic damages	Threshold not required for economic damages; no error below
Was there a factual issue as to serious impairment?	Medical records and testimony raise triable injury questions	Medical records show only non-traumatic or pre-existing conditions	Factual issue exists; summary disposition on this ground reversed

Mack v. Detroit, 467 Mich 186 (requirement for plaintiffs to plead in avoidance of governmental immunity)
Glasker-Davis v. Auvenshine, 333 Mich App 222 (de novo review standard for summary disposition)
Ray v. Swager, 501 Mich 52 (causation in fact and legal causation in negligence claims)
Wilkinson v. Lee, 463 Mich 388 (damages available where accident triggers symptoms of a preexisting condition)
McCormick v. Carrier, 487 Mich 180 (definition of serious impairment of body function under no-fault law)
Hannay v. Dep't of Transp., 497 Mich 45 (no serious impairment requirement for excess economic damages against government entities)
El-Khalil v. Oakwood Healthcare, Inc., 504 Mich 152 (summary disposition under MCR 2.116(C)(10))