Michigan Court of Appeals; Docket No. 111554; Unpublished
Judges Gillis, Sullivan, and Cavanagh; 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 short per curiam Opinion, the Court of Appeals held that the Supreme Court's decision in DiFranco v Pickard did not apply where a summary disposition order was entered on March 17, 1986. In DiFranco, the Supreme Court limited the retroactivity of the decision to currently pending appeals, trials in which a jury was instructed after the date of the decision, and cases in which summary disposition enters after the date of the decision. The court looks at when an order was entered, not whether the order was final. Here, the order was entered prior to DiFranco and, therefore, DiFranco is not retroactive to this case.
