913 N.W.2d 369
Mich. Ct. App.2018Background
- On Feb 12, 2013, Lindsey Patrick was in a car crash where an airbag deployed and struck her driver-side area; she reported immediate muffled hearing and bilateral tinnitus.
- Emergency and follow-up evaluations (audiologist Pam Keenan and Dr. Katherine Heidenreich, otology/neurotology) documented audiograms showing mild high-frequency sensorineural hearing loss bilaterally, an acoustic reflex abnormality, and persistent tinnitus; no pre-accident audiogram existed.
- Lindsey testified her hearing and tinnitus began immediately after the accident, affected work, social activities, and childcare; husband Christian testified to observable communication problems and changes in Lindsey’s voice volume and responsiveness.
- Defendant Turkelson moved for summary disposition under MCR 2.116(C)(10), arguing Lindsey did not suffer a "serious impairment of body function" and causation was lacking; the trial court granted the motion, dismissing all defendants.
- The Court of Appeals reversed, finding genuine issues of material fact on objective manifestation, effect on Lindsey’s general ability to lead a normal life, and causation, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lindsey suffered an "objectively manifested impairment" | Lindsey: audiograms and medical testimony show measurable hearing loss and physical basis for tinnitus; husband’s observations corroborate impairment | Turkelson: hearing tests are subjective (patient response), so no objective manifestation; tinnitus is subjective and unverifiable | Court: genuine factual dispute exists; medical findings plus third-party observations suffice to create issue of material fact (reversed) |
| Whether hearing is an "important body function" | Lindsey: hearing has great value to her (concerts, activities, work) | Turkelson: not disputed below | Court: hearing is an important body function; parties did not contest this point |
| Whether the impairment "affects general ability to lead normal life" | Lindsey: tinnitus/hearing loss affected work driving, recreation, social life, parenting, and communication with spouse | Turkelson: effects are mild, limited, and speculative; many activities continue | Court: conflicting evidence on extent and effect; factual question for jury (cannot decide as matter of law) |
| Causation (did accident cause injury) | Lindsey: immediate onset after airbag deployment; medical opinion and literature support airbag-related hearing injury | Turkelson: absence of pre-accident audiogram and aging could explain loss | Court: evidence supports a logical sequence of cause and effect and foreseeability; causation is disputed and for the jury |
Key Cases Cited
- McCormick v. Carrier, 487 Mich 180 (statutory test for "serious impairment of body function" and three-prong McCormick analysis)
- Ray v. Swager, 501 Mich 52 (proximate cause requires cause in fact and legal cause)
- Weymers v. Khera, 454 Mich 639 (cause-in-fact standard: more likely than not)
- West v. General Motors Corp., 469 Mich 177 (summary disposition standard and viewing evidence for nonmoving party)
- Chouman v. Home Owners Ins. Co., 293 Mich App 434 (threshold injury factual disputes for jury)
- Wilson v. Alpena County Rd Comm., 263 Mich App 141 (logical sequence of cause and effect standard at summary judgment)
- Sutter v. Biggs, 377 Mich 80 (foreseeability/legal cause principles)
- Baker v. Michigan Central R. Co., 169 Mich 609 (negligence proximate cause need not foresee precise manner of injury)