Huron County Circuit Court; Docket No. 74-001978-NI; Unpublished
Judge Allen E. Keyes; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Pre-Cassidy Era – 1973-1982) [§3135(1)]
Determining Serious Impairment of Body Function as a Matter of Law (Pre-Cassidy Era – 1973-1982) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion issued pursuant to a bench trial, Judge Keyes considered the type of injury which constitutes a "serious impairment of a body function" and assessed damages for such an injury. Considering the facts before him, Judge Keyes held that the plaintiff had sustained a serious impairment of a body function where he suffered a complete separation of his right shoulder joint. The type of injury was such that surgery was not recommended and the plaintiff would sustain a residual weakness in his shoulder with future discomfort. Judge Keyes also held that the plaintiff’s scalp laceration and hematoma and concussion suffered by the plaintiff did not constitute a serious impairment of a body function. In assessing damages, the Court awarded the plaintiff (age 62) the sum of $7,000 including costs and attorney fees.