Michigan Court of Appeals; Docket No. 93399; Unpublished
Judges Hood, Beasley, and T.M. Burns; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
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)]
Trial Procedure Issues [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals affirmed summary disposition in favor of defendant Horne based upon the serious impairment issue. The trial court dismissal of plaintiff’s claim for non-economic damages occurred in June 1986. In November 1987, a claim against a dram shop co-defendant was finally dismissed by stipulation of the parties. At that time, plaintiff argued that since the DiFranco decision had been rendered in December 1986, prior to the final dismissal of all claims, the standards set forth in DiFranco should be applied to this case.
In affirming the trial court dismissal of plaintiff s claim, the court held that the "limited retroactivity" test established in the DiFranco decision did not apply to this case, and plaintiff had failed to show his claim fit into any of the DiFranco retroactivity categories.