Gittleman v Lapeer Farms, Inc; (COA-UNP, 1/7/1987; RB #1001)

Print

Michigan Court of Appeals; Docket No. 89574; Unpublished  
Judges Hood, T.M. Burns, and Theiler; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:  
General Ability / Normal Life Element of Serious Impairment (Cassidy Era – 1983-1986) [§3135(1)]

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In this unpublished per curiam Opinion, the Court of Appeals affirmed the grant of summary disposition in favor of defendants on the issue of serious impairment of body function. Plaintiff was a 53-year-old woman at the time of her accident, employed as a sales clerk. She complained of pain in her neck, left shoulder, and left lower back. Later she complained of pain and numbness in her left arm and hand. Plaintiff was allowed to return to work in July 1982, some eight months after the accident. Based upon her complaints of pain, her hours were medically restricted. Plaintiff could not work at activities which required repetitive heavy lifting, or working with her arms or elbows above shoulder level.

The Court of Appeals held that summary disposition was properly granted, on the basis that plaintiff’s injury was not sufficiently serious to merit denial of defendant's motion. The Court relied upon the Cassidy guidelines in its decision, and made no reference to DiFranco.