Michigan Court of Appeals; Docket No. 91073; Unpublished
Judges Sullivan, Gribbs, and Penzien; 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)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unpublished per curiam Opinion, the Court of Appeals reversed the entry of summary disposition by the trial court, in favor of defendant, in light of the new standards set forth in DiFranco.
Without describing the extent of the injury involved, the Court of Appeals held that the standards set forth in DiFranco apply to this case which was pending on appeal at the time of the decision in that case. A trial court ruling on a motion for summary disposition must view the evidence in the light most favorable to the non-moving party and submit the issue to the fact finder if reasonable minds can differ as to whether the plaintiff has suffered a serious impairment of body function. Thus, the Court remanded the case to the circuit court for reconsideration. The Court also held that the DiFranco standards also apply to issues involving disfigurement.