COA: Crash didn't cause plaintiff's medical woes.

Byline: Lee Dryden

Summary disposition was granted to the defendant after a car accident as a split Michigan Court of Appeals panel decided that a plaintiff's "myriad of maladies" was unrelated to the crash.

In Lingenfelter v. Farm Bureau General Insurance Company (MiLW No. 08-100372, 9 pages), the majority affirmed the Monroe Circuit Court. The plaintiff, who has an "extensive medical history of chronic and degenerative problems dating back years before the May 2016 motor vehicle accident," claimed that she suffered injuries in the crash resulting in a serious impairment of a body function.

The unpublished per curiam opinion was issued by Chief Judge Christopher M. Murray and Judge Michael J. Riordan.

Judge Kathleen Jansen dissented, stating that the plaintiff has "established the existence of genuine issues of material fact regarding whether an objectively manifested impairment of an important body function affected her ability to live her normal life."

The case

On May 6, 2016, plaintiff Helen Faye Lingenfelter, a 75-year-old retiree, was involved in an accident while seated in the front seat of a car driven by her fianc, Yule Williams. Defendant Betty Krieger ran a red light and hit Williams' vehicle on the front passenger side, according to the COA opinion. An ambulance transported the plaintiff to the hospital but she was discharged after a half-hour because her CT scans and X-rays indicated no fractures or bleeding.

A month after the accident, the plaintiff met with her primary care physician, Dr. Rodney Gilreath, who indicated that her right back pain was chronic. He did not diagnose her with any new conditions but referred her to physical therapy.

"Plaintiff contends that due to the accident, she now suffers from a retracted long head tear of the biceps tendon in her right shoulder, multiple disc bulges and protrusions with areas of nerve root impingement in her spine, a compression fracture in her spine, bruising, and tendinosis or tendinitis in her right shoulder," the opinion stated. "However, plaintiff's post-accident complaints of pain and suffering mirror her preaccident complaints."

For example, she complained of back pain as early as 2000 and she had neck fusion surgery in 2001, but still complained of neck problems the following year, according to the opinion. She again complained of chronic back pain in 2013 and had a total left knee replacement in 2015.

The opinion stated that four independent medical evaluations by...