Michigan Court of Appeals; Docket #220987; Unpublished
Judges Smolenski, McDonald and Jansen; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Kreiner Era: 1996-2010) [§3135(7)]
Determining Serious Impairment of Body Function As a Matter of Law (Kreiner Era:1996-2010) [§3135(2)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous per curiam opinion, the Court of Appeals reversed the trial court's grant of summary disposition in favor of defendant on plaintiff's claim of serious impairment of body function. The court reversed the summary disposition because the trial court failed to make appropriate factual findings as required in May v Sommerfield, 239 Mich App 197 (1999) [Item No. 2117]. Therefore, because the trial court failed to make the necessary factual findings and granted the defendant's motion without explanation, the Court of Appeals remanded the case back to the trial court with instructions to make the appropriate factual findings as required by the May decision. The trial court was further instructed to enter a written opinion containing its findings of fact and the Court of Appeals would retain jurisdiction.