LOUIS A JENSEN V EARL SYLVESTER HUMES
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
LOUIS A. JENSEN,
UNPUBLISHED
July 11, 1997
Plaintiff-Appellant,
v
No. 195678
Isabella Circuit Court
LC No. 92-006810 NI
EARL SYLVESTER HUMES,
Defendant-Appellee.
Before: Cavanagh, P.J., and Doctoroff and D.A. Teeple*, JJ.
MEMORANDUM.
Plaintiff appeals by right summary disposition in favor of defendant in this motor vehicle
negligence action, in which the circuit court determined that plaintiff ’s injuries do not rise above the no
fault threshold for tort liability. This case is being decided without oral argument pursuant to MCR
7.214(E).
In reviewing summary disposition, this Court is limited to considering the materials which were
before the trial court when it ruled on the motion. Quinto v Cross & Peters, 451 Mich 358, 367 n 5;
547 NW2d 314 (1996).
In reviewing plaintiff ’s answer to the motion for summary disposition, the only factual materials
concerning his injuries indicate that he complains of ongoing pain in his neck and right knee as a result of
the accident. No limitation in the range of motion in the neck has ever been observed by plaintiff ’s
treating physicians. While plaintiff did complain of pain at the extremes of motion of his neck and some
numbness of his right arm while shaving in the morning, such complaints, while indicating some
impairment of body function, fail to rise to the level of significant impairment prerequisite to tort liability
under this state’s no-fault regime. Kallio v Fisher, 180 Mich App 516, 518; 448 NW2d 46 (1989);
DiFranco v Pickard, 427 Mich 32; 398 NW2d 896 (1986).
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
Affirmed.
/s/ Mark J. Cavanagh
/s/ Martin M. Doctoroff
/s/ Donald A. Teeple
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
