Without Causation, Pain Complaints Don’t Meet Threshold: Michigan Court of Appeals Affirms Summary Disposition

In Thelma Peeples v Michael Angelo Canfield, unpublished opinion per curiam of the Court of Appeals, issued April 18, 2019 (Docket No. 341599), the Court of Appeals reviewed the trial court’s granting of summary disposition regarding threshold to Defendant. The Court found that Plaintiff failed to establish a genuine issue of material fact whether she suffered an objectively manifested impairment as a result of the accident, and the trial court correctly granted Defendant’s motion.

This case is a reminder to the defense bar that the trial courts consider pre-existing conditions and independent medical evaluations when determining causation. Further, it’s a reminder that when filing a motion for summary disposition, to obtain affidavits from the doctors who authored the medical reports to avoid defending an argument of inadmissible hearsay.

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