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Ensing v Milbocker; (COA-UNP, 3/25/2004, RB #2449)

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Michigan Court of Appeals; Docket No. 245479; Unpublished    
Judges Zahra, Saad, and Schuette; unanimous; memorandum opinion
Official Michigan Reporter Citation: Not applicable, Link to Opinion courthouse graphic


STATUTORY INDEXING: 
Serious Impairment of Body Function Definition (Kreiner Era: 1996-2010) [3135(7)] 
General Ability / Normal Life Element of Serious Impairment (Kreiner Era: 1996-2010) [3135(7)]

TOPICAL INDEXING: 
Not applicable 


CASE SUMMARY: 
In this unanimous unpublished memorandum opinion, the Court of Appeals affirmed the trial court grant of summary disposition on the issue of serious impairment of body function in a case involving a fractured wrist.

The court agreed the “use of one’s wrist and arm is an important body function.” However, the evidence was that plaintiff had been released to return to normal activities one month after the accident. Plaintiff had no physician-imposed restrictions on his activities, and remained able to play basketball and softball and to engage in weightlifting. The evidence did not create an issue of fact as to whether plaintiff’s injury significantly altered his general ability to lead his normal life.


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