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DeFour v Bush; (COA-UNP, 12/8/1986; RB #990)

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Michigan Court of Appeals; Docket No. 88785; Unpublished  
Judges Wahls, R.B. Burns, and Warshawsky; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; 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In this unpublished per curiam Opinion, the Court of Appeals affirmed the decision of the trial court granting summary disposition in favor of defendant on the issue of serious impairment of body function.

In this pre-DiFranco decision, the Court of Appeals held that a broken clavicle, a cracked rib and a broken finger did not constitute a serious impairment of body function. Following the accident, plaintiff was prescribed a figure-8 harness and a sling at the hospital, and thereafter, was much improved within one (1) month of the accident.The Court of Appeals held that they were unable to conclude that her injuries were sufficiently serious to withstand summary disposition. In support, the Court cited the cases of Walkow v Eubank (Item No. 784), Burk v Warren (Item No. 761), and Ulery v Ulery (Item No. 948).


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