Michigan Court of Appeals; Docket No. 87838; Published
Judges Holbrook, Allen, and Clulo; Unanimous
Official Michigan Reporter Citation: 164 Mich App 727; Link to Opinion 
STATUTORY INDEXING:
Determining Serious Impairment of Body Function as a Matter of Law (DiFranco Era – 1987-1995) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This unanimous decision by Judge Clulo deals primarily with the application of the "joint enterprise liability" doctrine to plaintiffs who seek to offensively use it to hold a group of persons (joint enterpriser) liable for the negligence of one of them, where the plaintiff was in a different vehicle than the joint enterpriser. The only issue dealing with the no-fault statute was whether plaintiff’s claim for serious impairment of body function was properly dismissed on defendant's motion for summary disposition for the reason that plaintiff had not sustained a threshold injury as a matter of law. Plaintiff’s injuries primarily consisted of lacerations to his hands and arms that did not require hospitalization. The Court of Appeals ruled that under the Supreme Court's decision in DiFranco v Pickard, the matter should be reversed and remanded to give the trial court an opportunity to apply the DiFranco standards.
