Michigan Court of Appeals; Docket No. 47854; Published
Judges Gillis, Bashara, and Cynar; Unanimous; Per Curiam
Official Michigan Reporter Citation: 101 Mich App 436; Link to Opinion 
STATUTORY INDEXING:
Wage Loss for Temporarily Unemployed Persons / Qualifications [§3107a]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a per curiam Opinion, the Court of Appeals affirmed the granting of a summary judgment in favor of defendant which ruled mat plaintiff was not "temporarily unemployed" as that phrase is used in §3107a of the No-Fault Act. In this case, the plaintiff had been unemployed for approximately four years prior to the automobile accident with the last two years being after he voluntarily left college. The record was also clear that the plaintiff did not actively attempt to return to work until some time after the automobile accident Plaintiff claimed that his intention was to return to work and that defendant failed to inquire into the reasons for plaintiff’s unemployment In affirming the granting of summary judgment, the Court stated, "Plaintiff had ample opportunity to establish a factual dispute regarding the circumstances surrounding his unemployment. Although plaintiff has hypothesized many situations in which one may be unemployed for a substantial length of time and still be considered 'temporarily unemployed,' he did not establish in the court below or on appeal any circumstances peculiar to him under which he might be considered 'temporarily unemployed'. While the intent of plaintiff to return to gainful employment may be an. important element, the mere assertion, after the fact, that he had such intent, which is not supported by any of his actions during the four -year period, does not, in our opinion, raise a genuine issue as to a material fact."
