McCormick test (Michigan) · Go Syfert
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McCormick test in Michigan

16 Michigan opinions name it 2 courts 2011–2026 6 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
McCORMICK v. CARRIERgreen
mich · 2010 · cited in 13 Michigan opinions naming this issue, 2011–2025
2 sentences

2025Arguably, the fact that plaintiff played sports in high school but does not do so in college as an apparent consequence of her continuing pain is sufficient to show the second and third elements of the McCormick test, i.e., that she lost (2) an “important body function” that (3) affects her “general ability to lead [her] normal life.” See McCormick, 487 Mich at 215 .

2025Arguably, the fact that plaintiff played sports in high school but does not do so in college as an apparent consequence of her continuing pain is sufficient to show the second and third elements of the McCormick test, i.e., that she lost (2) an “important body function” that (3) affects her “general ability to lead [her] normal life.” See McCormick, 487 Mich at 215 .

113
In re Carrollgreen
michctapp · 2013 · cited in 1 Michigan opinions naming this issue, 2026–2026
2 sentences

2026See In re Carroll, 300 Mich App 152, 171 ; 832 NW2d 276, 286 (2013) (citations omitted) (“[t]he claimed benefits must first be causally connected to the accidental bodily injury arising out of an automobile accident -6- and the injury itself must arise from the ownership, operation, maintenance, or use of a motor vehicle.”).

2026See In re Carroll, 300 Mich App 152, 171 ; 832 NW2d 276, 286 (2013) (citations omitted) (“[t]he claimed benefits must first be causally connected to the accidental bodily injury arising out of an automobile accident -6- and the injury itself must arise from the ownership, operation, maintenance, or use of a motor vehicle.”).

11
Fisher v. Blankenshipgreen
michctapp · 2009 · cited in 1 Michigan opinions naming this issue, 2025–2025
2 sentences

2025See also Fisher v Blankenship, 286 Mich App 54, 62 ; 777 NW2d 469 (2009) (“Thus, where limitations on sporting activities might not rise to the level of a serious impairment of body function for some people, in a person who regularly participates in sporting activities that require a full range of motion, these impairments may rise to the level of a serious impairment of a body function.”) (quotation marks and citation omitted).

2025See also Fisher v Blankenship, 286 Mich App 54, 62 ; 777 NW2d 469 (2009) (“Thus, where limitations on sporting activities might not rise to the level of a serious impairment of body function for some people, in a person who regularly participates in sporting activities that require a full range of motion, these impairments may rise to the level of a serious impairment of a body function.”) (quotation marks and citation omitted).

11
Gavino R Piccione v. Lyle a Gillettegreen
michctapp · 2019 · cited in 1 Michigan opinions naming this issue, 2023–2023
2 sentences

2023See Piccione v Gillette, 327 Mich App 16, 23 ; 932 NW2d 197 (2019) (“[G]iven that there is a genuine issue of material fact with regard to the third prong of the McCormick test, . . . summary disposition was not appropriate.”).

2023See Piccione v Gillette, 327 Mich App 16, 23 ; 932 NW2d 197 (2019) (“[G]iven that there is a genuine issue of material fact with regard to the third prong of the McCormick test, . . . summary disposition was not appropriate.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Cassidy v. McGovern red
mich · 1982
2 sentences

2011As evidenced by McCormick’s analysis, McCormick fully recognized the Legislature’s adoption of Cassidy v McGovern, 415 Mich 483 (1982), where the Legislature indicated an intent to do so through the statute’s text and, similarly, “reinstituted” DiFranco only where the statute’s text actually indicated a legislative intent to do so.

2011As evidenced by McCormick’s analysis, McCormick fully recognized the Legislature’s adoption of Cassidy v McGovern, 415 Mich 483 (1982), where the Legislature indicated an intent to do so through the statute’s text and, similarly, “reinstituted” DiFranco only where the statute’s text actually indicated a legislative intent to do so.

22011–2011
Nelson v. Dubose green
michctapp · 2011
2 sentences

2021Nelson v Dubose, 291 Mich App 496, 499-500 ; 806 NW2d 333 (2011).

2021Nelson v Dubose, 291 Mich App 496, 499-500 ; 806 NW2d 333 (2011).

12021–2021
Chouman v. Home Owners Insurance green
michctapp · 2011
2 sentences

2018Chouman v Home Owners Ins Co, 293 Mich App 434, 444 ; 810 NW2d 88 (2011). [Patrick, 322 Mich App at 607-608 .] In this case, only the first and third prongs of the McCormick test are at issue.

2018Chouman v Home Owners Ins Co, 293 Mich App 434, 444 ; 810 NW2d 88 (2011). [Patrick, 322 Mich App at 607-608 .] In this case, only the first and third prongs of the McCormick test are at issue.

12018–2018
Lindsey Patrick v. Virginia B Turkelson green
michctapp · 2018
2 sentences

2018Chouman v Home Owners Ins Co, 293 Mich App 434, 444 ; 810 NW2d 88 (2011). [Patrick, 322 Mich App at 607-608 .] In this case, only the first and third prongs of the McCormick test are at issue.

2018Chouman v Home Owners Ins Co, 293 Mich App 434, 444 ; 810 NW2d 88 (2011). [Patrick, 322 Mich App at 607-608 .] In this case, only the first and third prongs of the McCormick test are at issue.

12018–2018
DiFranco v. Pickard red
mich · 1986
1 sentence

2011Impassioned hyperbole aside, an unbiased reading of McCormick aptly illustrates that McCormick did not resuscitate DiFranco v Pickard, 427 Mich 32 (1986), nor did it turn a blind eye to the will of the Legislature.10 Indeed, McCormick’s analysis faithfully applied the clear and unambiguous language of MCL 500.3135.

12011–2011

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 500.3135 (15) MI § Mich. Comp. Laws § 500.3101 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 16 (2011–2026) NY 6 (2004–2016) ND 4 (2012–2020) WA 4 (1958–2009) PA 3 (1993–2018) AZ 2 (2023–2024) TN 2 (2001–2018) TX 2 (1988–1999) OH 2 (2020–2025) IL 2 (1978–1996)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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