Michigan Court of Appeals; Docket No. 78-685; Published
Judges Cavanagh, Bashara, and Allen; Per Curiam
Official Michigan Reporter Citation: 88 Mich App 508; Link to Opinion
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (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 a per curiam Opinion, the Court of Appeals affirmed summary judgment in favor of the defendant on the question of whether or not plaintiff has sustained a serious impairment of body function. One plaintiff's injuries consisted of headaches and the other plaintiff complained of a stiff neck, knee pains, and headaches.
Citing the previous cases of Vitale v Danylak (item number 32) and Cassidy v McGovern (item number 108), the Court held that each case must be treated individually to determine whether the alleged injuries fall below certain definitional limits, thereby allowing summary judgment. There is no doubt that plaintiffs suffered discomfort due to the accident. However, the degree of injury in this case is insufficient to meet the minimum threshold requirements.