Michigan Court of Appeals; Docket No104165; Unpublished
Judges Beasley, Gillis, and Brennan; 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, the Court of Appeals affirmed partial summary disposition in favor of the defendant on the issue of serious impairment of body function.
In a decision of summary disposition entered on November 19,1986, the trial court found that plaintiff did not suffer a serious impairment of body function under the standards set forth in Cassidy v McGovern.
On appeal, the court held that the Supreme Court's decision in DiFranco did not apply because the entry of summary disposition was made before the date DiFranco was decided.