U.S. District Court for the Eastern District of Michigan; Southern Division; Docket No. 95-CV-70090-DT;
Honorable Denise Page Hood; __________
Official Federal Reporter Citation: __________; Link to Opinion 
STATUTORY INDEXING:
Permanent Serious Disfigurement Definition [§3135(1)]
Determining Permanent Serious Disfigurement as a Matter of Law [§3135(1)(2)]
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 a 1995 case arising from a 1994 accident, Judge Hood found that a leg injury resulting in a scar extending from below the knee to above the ankle with tissue and muscle missing in the area of the scar on a young boy was a permanent, serious disfigurement. The court also found that the injury, consisting of an open fracture of the left tibia and fibula requiring five surgeries, multiple hospitalizations, external fixators, and impairment of the ability to walk, bathe and dress for over a year, constituted a serious impairment of a body function.
In this case, the defendant was operating a motor vehicle with his 11-year old granddaughter on his lap, thereby obscuring his vision and violating the statutory provision prohibiting the allowing of a minor to participate in the operation of a vehicle. The court found this to be clear negligence.
The injury to a young bicyclist as described above was found by the court to be both a permanent, serious disfigurement and a serious impairment of body function. The court awarded 5400,000 for past, present and future damages, together with pre-judgment interest at the rate of 5%.
