Holman v Prior; (COA-UNP, 10/3/1995; RB #1820)

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Michigan Court of Appeals; Docket No. 173237; Unpublished  
Judges Griffin, Sawyer, and Corwin; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Serious Impairment of Body Function Definition (DiFranco Era – 1987-1995) [§3135(1)]  
Determining Serious Impairment of Body Function as a Matter of Law (DiFranco Era – 1987-1995) [§3135(1)]

TOPICAL INDEXING:  
Not Applicable    


CASE SUMMARY:  
In this unanimous unpublished per curiam Opinion, the Court of Appeals reversed the trial court's grant of summary disposition in favor of defendant on plaintiffs threshold claim of serious impairment of body function. The medical evidence in this case showed that plaintiff had sustained a hairline fracture to her wrist in an automobile accident which was treated by the application of a plaster cast. After the cast was removed, plaintiffs wrist was immobilized with an elastic splint. On advice of her physician, plaintiff did not return to her job as a typist until the splint was removed some eight months after the accident. In reversing the trial court's grant of summary disposition in favor of defendant, the court stated:

"Viewing the evidence in a light most favorable to plaintiff, reasonable minds could conclude that the wrist fracture that led plaintiffs physician to advise that plaintiff miss eight months of work was a serious impairment of body function. Accordingly, we find that the trial court erred in granting summary disposition in defendant's favor."