Rachel Smith v. Ontais Jenkins Johnson
329285
| Mich. Ct. App. | Apr 13, 2017Background
- Plaintiff Rachel Smith was injured in a June 10, 2011 auto collision caused by an uninsured driver.
- Plaintiff sought coverage under uninsured motorist provisions of defendants' policies; defendants moved for summary disposition under MCR 2.116(C)(10).
- Trial court granted summary disposition; plaintiff appeals and appellate reversal follows.
- Under MCL 500.3135, noneconomic damages are limited to death, serious impairment of body function, or permanent disfigurement; serious impairment requires subjective impact on normal life.
- Plaintiff’s lumbar injury with radicular symptoms was objectively demonstrated; surgery followed with initial improvement but ongoing lower-extremity pain.
- Court held the impairment of a lumbar spine is an important body function and, subjectively, affected plaintiff’s normal life despite preexisting cervical issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff proven serious impairment of an important body function | Smith shows objective lumbar impairment after crash. | Smith's impairment does not affect her normal life. | Yes; impairment established. |
| Whether impairment affected plaintiff's normal life (subjective prong) | Smith’s life was substantially affected post-accident. | Preexisting conditions negate substantial life impact. | Yes; subjective impact shown. |
| Whether preexisting cervical problems defeat the threshold analysis | Preexisting cervical issues do not negate lumbar impairment’s impact. | Preexisting issues undermine the pre-impairment normal life. | No; threshold satisfied despite preexisting cervical problems. |
Key Cases Cited
- McCormick v. Carrier, 487 Mich 180 (2010) (defines three-prong test for serious impairment of body function)
- Benefiel v Auto-Owners Ins Co, 482 Mich 1087 (2008) (pre-impairment lifestyle considerations for temporary impairment)
- Nichols v Dobler, 253 Mich App 530 (2002) (proximate cause questions generally for the trier of fact)
- Chouman v Home Owners Ins Co, 293 Mich App 434 (2011) (spine as an extremely important body part)