Michigan Court of Appeals; Docket No. 89860; Unpublished
Judges Maher, Holbrook, Jr., and Stempien; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
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In this unpublished per curiam Opinion, the Court of Appeals reversed the trial court's grant of summary disposition on the issue of serious impairment of body function, in light of the recent decision in DiFranco.
Without describing the nature and extent of the injury, the Court of Appeals in this case ruled that the limited retroactive effect of DiFranco, applies to this case, and mandates reversal for rehearing and redetermination of defendant's motion in accordance with the ruling in DiFranco. The Court noted that, under DiFranco, an injured plaintiff must introduce evidence establishing a physical basis for subjective complaint of pain and suffering. An expert's diagnosis, subject to challenge at trial through cross-examination and presentation of contrary medical evidence, will be sufficient to maintain an action.
