Michigan Court of Appeals; Docket No. 88788; Published
Judges Cynar, Gillis, and Walsh; Unanimous; Per Curiam
Official Michigan Reporter Citation: 162 Mich App 438; Link to Opinion 
STATUTORY INDEXING:
Liability for Intentionally Caused Harm [§3135(3)(a)]
Evidentiary Issues [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals rejected plaintiff’s argument that her injuries need not meet the no-fault threshold of serious impairment of body function in a case in which plaintiff claimed her complaint could be read as alleging an "intentionally-caused harm" within the meaning of §3135(2)(a).
In interpreting the section governing intentionally caused harm, the Court of Appeals held that this statute unambiguously requires intent to cause harm and not merely "intent to do the act which causes the harm." The Court of Appeals held that plaintiff had failed to plead any facts which showed that the defendant intended to cause harm to plaintiff, and affirmed the trial court's denial of plaintiff’s motion to amend her complaint.
