Michigan Court of Appeals; Docket No. 78-4436; Published
Judges Kelly, Cavanagh, and Elliott; Unanimous
Official Michigan Reporter Citation: 97 Mich App 723; Link to Opinion 
STATUTORY INDEXING:
Determining Serious Impairment of Body Function as a Matter of Law (Pre-Cassidy Era – 1973-1982) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In an Opinion by Judge Elliott, the Court of Appeals reversed the trial court's directed verdict in favor of defendant on the, issue of serious impairment of body function. The Court held that "summary judgment for the defendant is available only in those rare, clearest of cases in which a judge can decide after accepting as true all of the plaintiff’s factual allegations, that no reasonable jury would find the injury to be serious." The Court stated that in their view, this kind of "fender bender soft tissue injury, briefly incapacitating with a fast and full recovery," was not sufficient to meet the no-fault threshold. However, it could not be said that all reasonable jurors would agree. Therefore, summary judgment was improper.
