Rachelle C Jackson v. Roger F Berens
329320
| Mich. Ct. App. | Oct 11, 2016Background
- Plaintiff was rear-ended by Berens on Jan 31, 2013, and later struck on Aug 20, 2013, by Langeland while both made right turns; she sought noneconomic tort damages under the no-fault act (MCL 500.3135).
- MRIs after the first accident showed degenerative lumbar changes (disc desiccation, bulging annulus, L5–S1 narrowing); plaintiff testified she was asymptomatic before the first crash.
- After the first crash plaintiff experienced pain that limited activities (walking for exercise, gardening, church attendance, prolonged sitting) but received treatment and later reported substantial improvement by summer 2013.
- Following the second crash plaintiff’s pain worsened, she eventually underwent back surgery in 2014, uses a brace, and reports ongoing limitations (reduced church attendance, inability to walk for exercise, difficulty with basic tasks and prolonged sitting).
- At summary-judgment motions, defendants argued (Berens) any injury was limited/temporary and plaintiff had recovered before the second crash, and (Langeland defendants) the second crash produced no new impairment and symptoms preexisted it.
- The trial court granted both defendants’ MCR 2.116(C)(10) motions; the Court of Appeals reversed, holding material factual disputes exist on whether plaintiff suffered a threshold serious impairment and on causation/aggravation between the two accidents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff established an "objectively manifested impairment" to an important body function (first McCormick prong) | Degenerative spine was asymptomatic pre-accident; Berens aggravated it and Langeland further exacerbated it, producing objective findings and treatment needs | Degenerative changes preexisted; symptoms were temporary or emotional; no new objectively manifested impairment from second crash | Reversed: evidence (MRI, treatment, symptoms) viewed favorably to plaintiff creates a material factual dispute on objective manifestation |
| Whether impairment affected plaintiff's general ability to lead her normal life (third McCormick prong) | Post-first crash activities were limited; improved before second crash; second crash worsened function (walking, gardening, church, sitting) | Plaintiff had preexisting limitations; no meaningful change in general ability after second crash | Reversed: record supports reasonable inference that both accidents affected general ability; factual questions remain |
| Whether plaintiff's reported recovery between accidents precludes recovery from first crash (temporal/duration issue) | No temporal duration requirement; a temporary impairment still meets threshold if it affected normal life | Claimed recovery demonstrates no compensable serious impairment from first crash | Reversed: temporary recovery/discrete duration not dispositive on threshold at summary judgment |
| Whether aggravation of a preexisting degenerative condition can satisfy threshold | Aggravation of preexisting condition by trauma is compensable | Defendants disputed causation/degree of aggravation | Reversed: aggravation doctrine applies; jury issues remain on causation and extent |
Key Cases Cited
- McCormick v. Carrier, 487 Mich 180 (Michigan Supreme Court) (three-prong serious-impairment test and approach to pre/post comparison)
- Maiden v. Rozwood, 461 Mich 109 (Michigan Supreme Court) (summary-judgment standard and viewing evidence in favor of nonmovant)
- Fisher v. Blankenship, 286 Mich App 54 (Michigan Court of Appeals) (aggravation of preexisting condition is compensable)
- Wilkinson v. Lee, 463 Mich 388 (Michigan Supreme Court) (trauma-triggered symptoms from preexisting condition compensable)
- Kosmalski v. St. John’s Lutheran Church, 261 Mich App 56 (Michigan Court of Appeals) (standard of review for MCR 2.116(C)(10))
- Diallo v. LaRochelle, 310 Mich App 411 (Michigan Court of Appeals) (no-fault act confines vehicle-related tort recovery; threshold requirement)
- Allison v. AEW Capital Mgmt, LLP, 481 Mich 419 (Michigan Supreme Court) (definition of genuine issue of material fact)
- American Alternative Ins. Co. v. York, 470 Mich 28 (Michigan Supreme Court) (MCL 500.3135 abolishing tort liability subject to exceptions)
- Chumley v. Chrysler Corp., 156 Mich App 474 (Michigan Court of Appeals) (use of back is an important body function)
- Benefiel v. Auto-Owners Ins. Co., 482 Mich 1087 (Michigan Supreme Court) (recognition that worsening after another event may show aggravation affecting ability to lead normal life)