Whitaker v Baker; (ODC-___, 7/20/1983; RB #673)

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45-B District Court for Oakland County; Docket No. 80 C 870  
Judge Marvin F. Frankel  
Official Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:    
Not Applicable

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In this transcribed oral opinion from the bench, dealing with a motion for summary judgment on the question of threshold injury, Judge Frankel ruled that "a soft tissue injury may be the basis upon which a serious impairment of body function can be predicated." This is particularly so where the plaintiff has undertaken a prolonged, sincere and "serious effort to heal oneself rather than build a litigation file." The court held that the issue presented raised disputed questions of fact which should be decided by a jury.