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Ulery v Ulery; (COA-PUB, 7/22/1986; RB #948)

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Michigan Court of Appeals; Docket No. 88870; Published  
Judge R. B. Burns, Gribbs, and Cooper; Unanimous; Per Curiam  
Official Michigan Reporter Citation: 153 Mich App 551; Link to Opinion alt    


STATUTORY INDEXING:  
General Ability / Normal Life Element of Serious Impairment (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 this unanimous per curiam Opinion, the Court of Appeals affirmed the trial court's entry of summary disposition as to plaintiff’s claim of serious impairment of body function.

Plaintiff’s injuries consisted of a chronic grade 2 acromioclavicular separation of the left shoulder, and an upward protrusion of the clavicle at the end near the shoulder joint. Plaintiff alleged that she lacked strength in her arm, had some limitation of movement, and some loss of her ability to grip with her hand. Plaintiff’s examining physician and psychologist both indicated that she could not return to work as a waitress unless she successfully underwent corrective surgery to her shoulder.

The Court did not believe that the record before it established that plaintiff’s difficulties had interfered in a significant manner with her ability to lead a normal lifestyle. While plaintiff could not return to work as a waitress, there was no indication that she could not obtain gainful employment in a less physically demanding position.


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