Nelson v. Dubose
291 Mich. App. 496
| Mich. Ct. App. | 2011Background
- Defendant rear-ended plaintiff while plaintiff was stopped at a red light; plaintiff later developed shoulder, neck, and back pain.
- Both sides presented medical experts; jury heard competing theories about the injuries and their impact.
- Plaintiff testified to surgeries, physical therapy, and substantial work disruption, though she returned to work and engaged in some activities.
- Milestone statutory framework: no-fault threshold requires serious impairment of body function to support noneconomic damages.
- Kreiner's factors previously guided liability assessment, later overruled by McCormick resolving threshold by comparing pre- and post-injury life.
- Court sent threshold question to the jury; jury returned a verdict finding no serious impairment of body function; trial court denied JNOV.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether JNOV was appropriate under McCormick | Plaintiff argues serious impairment shown; McCormick controls. | Jury could reasonably find no threshold impairment; JNOV improper. | JNOV not warranted; jury verdict within principled range. |
| Whether the trial court erred in jury instructions on serious impairment | Instructions should track Kreiner's strict standard for impairment. | Instructions properly defined serious impairment as an objectively manifested impairment affecting life, without Kreiner-specific wording. | No instructional error; standard given was within range of principled outcomes. |
| Whether McCormick overruled Kreiner affecting the outcome | McCormick shifts focus to life impact, supporting plaintiff's claim. | Statutory question remains; jury verdict stands regardless of Kreiner’s framework. | McCormick does not require reversal; verdict supported. |
Key Cases Cited
- McCormick v Carrier, 487 Mich 180 (2010) (shifts focus to how injuries affect normal life)
- Kreiner v Fischer, 471 Mich 109 (2004) (nonexhaustive list of factors to evaluate impairment)
- Sniecinski v Blue Cross & Blue Shield of Mich, 469 Mich 124 (2003) (standard for granting JNOV)
- Guerrero v Smith, 280 Mich App 647 (2008) (review of jury instructions and deference to range of outcomes)
- Genna v Jackson, 286 Mich App 413 (2009) (de novo review of trial court decisions; standard of review for JNOV)
- Maldonado v Ford Motor Co, 476 Mich 372 (2006) (abuse of discretion standard for new trials and jury outcomes)
- Williams v Medukas, 266 Mich App 505 (2005) (importance of moving arm as a body function reference)