United States Sixth Circuit

Summary judgment for defendant is affirmed where one abnormal EEG was the only objective test confirming injury as a result of an auto accident. Under the totality of the circumstances, plaintiff failed to demonstrate that her alleged closed-head injury affected her general ability to lead her normal life, and she therefore failed to demonstrate "serious impairment of body function" under Michigan law.

Appellate Information

• Decided 12/18/2008
• Published 12/18/2008

Judges

• Before NORRIS, ROGERS, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Larry Bennett, Giarmarco, Mullins & Horton, Troy, Michigan, for Appellant.  Daniel S. Saylor, Garan Lucow Miller, Detroit, Michigan, for Appellee.   ON BRIEF:  Larry Bennett, Giarmarco, Mullins & Horton, Troy, Michigan, for Appellant.  Daniel S. Saylor, Garan Lucow Miller, Detroit, Michigan, for Appellee.