Order Michigan Supreme Court
Lansing, Michigan
December 1, 2006 Clifford W. Taylor,
Chief Justice
130666 & (39) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
DEBORAH SUE NICKE, Maura D. Corrigan
Plaintiff-Appellee, Robert P. Young, Jr.
Stephen J. Markman,
Justices
v SC: 130666
COA: 263929
Wayne CC: 03-335375-NI
KENNETH MICHAEL MILLER,
AUTOMOTIVE RENTALS, INC., HIGH
VOLTAGE MAINTENANCE CORPORATION,
and EMERSON ELECTRIC COMPANY,
Defendants-Appellants,
and
JUAN HERNANDEZ-MORENO and STATE
FARM MUTUAL AUTO INSURANCE
COMPANY,
Defendants.
_________________________________________/
On November 15, 2006, the Court heard oral argument on the application for leave
to appeal the January 26, 2006 judgment of the Court of Appeals. On order of the Court,
the application is again considered. MCR 7.302(G)(1). In lieu of granting leave to
appeal, we REVERSE the Court of Appeals judgment and REINSTATE the May 4, 2005
order of the Wayne Circuit Court granting defendants’ motion for summary disposition.
Defendants are entitled to summary disposition for the reasons stated by the circuit court.
The Court of Appeals concluded that “[p]laintiff’s life before the accident is not
substantially different from her life after the accident,” and that plaintiff “failed to present
evidence to establish that her general ability to lead her normal life has been affected
. . . .” Based upon these conclusions, plaintiff has failed to demonstrate the existence of
a serious impairment of bodily function as the term is defined in Kreiner v Fisher, 471
Mich 109, 114 (2004). Although an impairment that satisfies the Kreiner standard need
not be permanent or of any particular duration, both “temporary” and “permanent”
impairments must satisfy this same standard.
The motion by the Insurance Institute of Michigan for leave to file an amicus
curiae brief is GRANTED.
CAVANAGH, J., would deny leave to appeal.
2
WEAVER, J., would deny leave to appeal for the reasons expressed in Justice
Cavanagh’s dissent in Kreiner v Fischer, 471 Mich 109, 147-148 (2004).
KELLY, J., would deny leave to appeal.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 1, 2006 _________________________________________
d1128 Clerk