Michigan Court of Appeals; Docket No. 85780; Published
Judges Allen, MacKenzie, and Swallow; Unanimous; Per Curiam
Official Michigan Reporter Citation: 154 Mich App 448; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Cassidy Era – 1983-1986) [§3135(1)]
Objective Manifestation Element of Serious Impairment (Cassidy Era – 1983-1986) [§3135(1)]
Important Body Function Element of Serious Impairment (Cassidy Era – 1983-1986) [§3135(1)]
General Ability / Normal Life Element of Serious Impairment (Cassidy Era – 1983-1986) [§3135(1)]
Determining Serious Impairment of Body Function as a Matter of Law (Cassidy Era – 1983-1986) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals reversed a circuit court order denying defendant's motion for summary disposition on these threshold issue of serious impairment of a body function.
Plaintiff suffered two comminuted fractures of the humerus. Plaintiff was hospitalized for three days, and her arm was in a cast for two-and-one-half months. During the period her arm was in a cast, plaintiff was unable to do housework, and following removal of the cast, for a few months thereafter, she experienced some limitation in movement of her arm but was able to do most housework.
Applying the standards set forth in Cassidy (Item No. 4 IS), the Court found that plaintiff sustained an arm injury that had definite objective manifestations. In addition, for at least two-and-one-half months, the injury impaired an important body function, the use of plaintiff s arm. However, the Court of Appeals found that the impairment was not "serious," primarily because it did not cause and is not presently causing a significant impact upon plaintiff’s ability to live a normal life. The injuries in this case did not affect plaintiff’s mobility, and she was able to return to her housework within 11 weeks of the accident.
For the above reasons, the Court of Appeals reversed the circuit court order denying defendant's motion for summary disposition, and dismissed the action.
