Decision that injury victim did not suffer "serious impairment" is affirmed
The plaintiff in this case filed suit against the motorist who rear-ended his and another car at a stop light, alleging that he suffers from chronic back pain as a result of the collision. The Defendants argued that regardless of his complaints of chronic pain and long-term treatment needs, the plaintiff's injuries did not meet the "serious impairment of bodily function" threshold and should be summarily dismissed. The trial court agreed and dismissed the lawsuit.
On appeal, the Court of Appeals affirmed. It pointed to the fact that part of the evidence cited by the plaintiff to support his claim was not properly entered into the trial court's record, and pointed to the fact that the record did show that Plaintiff finished a college degree and had worked two jobs after the injury. It held that the plaintiff simply "did not meet his burden of proof" to establish a "genuine issue of material fact regarding whether the injury affected his normal manner of living."
The case is Lucas Nbunh v. Ruth Pitkin.