Michigan Supreme Court; Docket No. 68076; Unpublished
Not Applicable
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Wage Loss for Temporarily Unemployed Persons / Qualifications [§3107a]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this case, the Supreme Court summarily reversed the Court of Appeals in lieu of granting leave to appeal in a case which was unpublished below.
The case dealt with the question of whether plaintiff was a "temporarily unemployed" person within the meaning of §3107a of the No-Fault Act The trial court had granted defendant's motion for summary judgment on this question, holding that there was no genuine issue of material fact. The Court of Appeals affirmed.
In connection with the motion for summary judgment, plaintiff presented deposition testimony that he was fired from his full time employment two and a half years before the accident in question. He testified that he had never filed any income tax return. He also testified that he had remodeled a house for a friend approximately two years before the accident He testified that a week or two before the accident he had worked for two days boning beef, although he could not remember the employer's name. He testified that he had been told by this employer to return after the first of the year at which time he would be given a full time job. The accident in question occurred on December 27, thereby preventing him from returning.
The Court of appeals held that it was clear plaintiff was not employed at the time of the accident As to his claim that he was "temporarily unemployed," plaintiff failed to produce sufficient proof to raise a fact question. Citing the Court of Appeals decision in Oikarinen v Farm Bureau (item number 360), the Court of Appeals stated, "Plaintiff’s assertion of an intent to return to work was not supported by his actions during the two and a half preceding years or by any other evidence, even though he was given the opportunity to buttress his position by the court. There being no genuine issue of fact, summary judgment was properly granted."
The Supreme Court summarily reversed on application for leave to appeal. The Supreme court did not issue a written opinion but stated only the following in its action on the application:
"We reverse the judgments of the Court of Appeals and of the Wayne Circuit Court and remand the case for trial because the Court of Appeals and the trial court erred in determining that there was not a genuine issue of material fact regarding the issue of whether plaintiff was temporarily unemployed."
