Michigan Court of Appeals; Docket No. 91446; Unpublished
Judges R.B. Burns, Gribbs, and Davis; Per Curiam; Unanimous
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:
This per curiam Opinion decided after the Supreme Court's opinion in DiFranco v Pickard (Item No. 978) reversed the trial court's entry of summary disposition on the threshold claim of serious impairment of body function for the reason that reasonable minds could differ. As such, the case was remanded back to the trial court for further reconsideration in light of DiFranco.
Plaintiff’s injuries were described in detail by the Court as essentially consisting of traumatic lumbar strain, cervical spine muscle spasm, subluxation of the thoracic vertebrae and mild degenerative arthritic changes. Plaintiff’s treating physician reported that plaintiff’s "Prognosis is doubtful." Plaintiff testified that he is no longer able to help in the garden, drive or ride in a car for longer than 45 minutes, unable to do certain household tasks such as painting, etc.
