AMY MARIE WILKINSON V NEAL ANTHONY MADDOX
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STATE OF MICHIGAN
COURT OF APPEALS
AMY MARIE WILKINSON,
UNPUBLISHED
July 21, 2011
Plaintiff-Appellant,
v
No. 297852
Livingston Circuit Court
LC No. 08-023993-NI
NEAL ANTHONY MADDOX,
Defendant-Appellee.
Before: BECKERING, P.J., and FORT HOOD and STEPHENS, JJ.
MEMORANDUM.
Plaintiff appeals as of right the trial court’s order granting defendant’s motion for
summary disposition. We vacate and remand for proceedings in light of McCormick v Carrier,
487 Mich 180; 795 NW2d 517 (2010).
In 2006, plaintiff sustained injuries when she was a passenger in a vehicle driven by
defendant. Plaintiff filed a complaint alleging that defendant negligently operated his motor
vehicle and caused plaintiff to suffer a serious impairment of a body function. Defendant moved
for summary disposition, and the trial court granted the motion, holding that plaintiff could not
demonstrate that the general course or trajectory of her life had been affected pursuant to Kreiner
v Fischer, 471 Mich 109; 683 NW2d 611 (2004). MCL 500.3135 addresses tort liability for
noneconomic loss when a serious impairment of body function occurs. The McCormick decision
overruled the Kreiner Court’s interpretation of MCL 500.3135. The trial court’s decision was
premised on case law that has been overruled. Accordingly, we vacate the trial court’s grant of
summary disposition and remand the case for further proceedings in light of McCormick.
Vacated and remanded for proceedings consistent with this opinion. We do not retain
jurisdiction.
/s/ Jane M. Beckering
/s/ Karen M. Fort Hood
/s/ Cynthia Diane Stephens
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