Michigan Court of Appeals; Docket No. 130350; Unpublished
Judges Brennan, Corrigan, and Anderson; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Determining Serious Impairment of Body Function As a Matter of Law (DiFranco Era – 1987-1995) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion in a third-party liability case, the Court of Appeals affirmed summary disposition granted in favor of defendant on the grounds that plaintiff failed to present sufficient evidence to support her contention that she suffered a serious impairment of body function as a result of the accident The court does not discuss either the nature or the extent of plaintiffs injuries in this three paragraph opinion.
The defendant cross-appealed, contending that the trial court abused its discretion in denying costs and attorney fees under the offer of judgment rule. However, the court held that an order of summary disposition is not a verdict for purposes of the offer of judgment rule.