Trina Turner v. Kenneth Johnson
332333
| Mich. Ct. App. | Sep 12, 2017Background
- Plaintiff Trina Turner sued for noneconomic damages under Michigan’s no-fault act after an automobile-related injury; defendant Kenneth Johnson moved for summary disposition and the trial court granted it.
- The sole statutory threshold issue was whether plaintiff suffered a "serious impairment of body function" under MCL 500.3135(1) and (7).
- To meet that standard, plaintiff must show an objectively manifested impairment of an important body function that affects her general ability to lead her normal life (the McCormick three-prong test).
- Plaintiff offered treating-doctor restrictions and testimony about limitations; defendant relied on an independent medical examination (IME) finding that plaintiff’s complaints were subjective and not objectively supported.
- The trial court found plaintiff’s restrictions were essentially self-imposed and that she continued to work, drive, and perform ministry activities, so no genuine issue remained on the third McCormick prong.
- The Court of Appeals affirmed, concluding no genuine issue of material fact existed that plaintiff’s general ability to lead her normal life was affected to the degree required for a serious impairment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff sustained a "serious impairment of body function" under MCL 500.3135 | Turner argued treating-doctor restrictions show an objectively manifested impairment affecting her general ability to lead her normal life | Johnson argued restrictions were self-imposed, IME contradicted plaintiff’s claims, and plaintiff’s life activities (work, driving, ministry) were largely unimpaired | Court held no genuine issue on the third McCormick prong; plaintiff did not show her general ability to lead a normal life was affected as required, so summary disposition was proper |
Key Cases Cited
- Pace v. Edel-Harrelson, 499 Mich. 1 (review standard for C(10) motions)
- Joseph v. Auto Club Ins. Ass'n, 491 Mich. 200 (C(10) tests factual sufficiency of the complaint)
- Maiden v. Rozwood, 461 Mich. 109 (courts view evidence in light most favorable to nonmoving party on C(10))
- Allison v. AEW Capital Mgmt., LLP, 481 Mich. 419 (definition of genuine issue of material fact)
- Bennett v. Detroit Police Chief, 274 Mich. App. 307 (nonmoving party must set forth specific facts, not mere allegations)
- McCormick v. Carrier, 487 Mich. 180 (three-prong test for "serious impairment of body function")