Tort threshold under the No-Fault Act; Serious impairment of body function; MCL 500.3135; Objectively manifested impairment; McCormick v Carrier; Preexisting condition; Aggravation; Fisher v Blankenship; Record support

The court held that plaintiff failed to establish a genuine issue of material fact that she suffered an objectively manifested impairment caused by the motor-vehicle accident. Plaintiff brought a no-fault tort claim for noneconomic damages after a city vehicle backed into her vehicle at an intersection, causing minor vehicle damage. On appeal, the court held that defendants properly supported their summary disposition motion with evidence of plaintiff’s extensive pre-accident history of back and hip problems, including scoliosis surgery, trochanteric bursitis, sacroiliitis, an acetabular labral tear, and hip surgeries. The court noted that plaintiff’s post-accident diagnoses largely mirrored her pre-accident diagnoses. She also had reported many of the same functional difficulties before the accident, including problems with prolonged sitting, standing, walking, transfers, lifting, household chores, and lying down. Although plaintiff argued that the crash caused new injuries or aggravated preexisting conditions, the court held that she cited only generally to medical records and failed to identify “specific objective evidence of an impairment or exacerbation of a preexisting condition directly attributable to the accident.” The court emphasized that “‘mere subjective complaints of pain and suffering are insufficient to show impairment,’” and plaintiff’s deposition testimony about needing help with grooming and having difficulty sitting or standing did not satisfy the objective-manifestation requirement. Because the medical records showed her condition was “largely the same pre- and post-accident,” plaintiff failed to meet the MCL 500.3135 threshold. Affirmed.