Michigan Court of Appeals; Docket No. 94751; Unpublished
Judges Holbrook, Jr., MacKenzie, and Baguley; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals affirmed a jury finding of no cause of action in favor of defendant in a case where plaintiff contended that the No-Fault Act did not apply, and over objection, the court allowed instruction on the serious impairment issue.
The plaintiff was injured when he fell while in the process of trying to move a cement truck chute while cement was being poured. The chute was frozen and did not move. Plaintiff alleged that the chute was frozen because of the negligence of the cement truck driver in not spraying hot water on the chute to unfreeze it Plaintiff claimed that under these facts, the No-fault law did not apply, and hence, the jury should not have been instructed on the requirement that plaintiff prove serious impairment of a body function.
On appeal, the Court noted that the jury found no negligence on the part of the defendant, and therefore, never reached the instruction requiring a jury determination of a threshold injury. Consequently, the Court of Appeals found the error, if any, was harmless.
