Genesee County Circuit Court; Docket No. 82-65955-NI
Judge Philip Elliott
Official Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (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 written Opinion, Judge Philip Elliott granted a motion for summary judgment in favor of defendant on the threshold issue of "serious impairment of body function" pursuant to the Supreme Court's recent opinion in Cassidy v McGovern (item number 608). The plaintiff in this case suffered an injury to his right eye which the Court described as a "heck of a shiner." His right eye was swollen shut for eight or nine days. Plaintiff was off work for two weeks. The discoloration was gone in three weeks. A sensitive lump remained for a while thereafter but it did not affect the use of the eye. The lump was gone completely in three months, as were all other lingering effects of the injury. The plaintiff was always able to see out of his left eye.
In ruling that plaintiff’s injury did not amount to a serious impairment of body function as a matter of law, the Court noted that even though the plaintiff was not able to see out of the right eye for eight to ten days, he did regain total sight in that eye without any residual impairment.. In addition, he was always able to see out of the other eye. The Court stated, "The reason his loss of sight in one eye was not 'serious' is because it was for a few days (not more than ten) and because he has had a full as well as a fast recovery."
