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HKPC Prevails In Serious Impairment Case In The Court Of Appeals

Register v. Sledge, Michigan Court of Appeals.  In this case in which Plaintiff claimed closed head injury, neck and back problems, and seizures arising out of a rear end collision, the Court of Appeals affirmed the trial court’s grant of summary disposition.  Although the plaintiff had submitted three affidavits of treating physicians, each concluding that she suffered from a serious neurological injury or serious impairment, the Court found that the affidavits were conclusory and not supported by the records.  In doing so, the Court affirmed the importance of looking beyond the conclusory statements within an affidavit, and noted that a court must conduct a careful review of the facts underlying those opinions before relying upon them.  Additionally, the Court held that the plaintiff had failed to provide sufficient evidence to support any claim that her general ability to lead a normal life had been materially altered.  The Court therefore concluded that summary disposition was merited under Kreiner.