Michigan Court of Appeals; Docket #256259; Unpublished
Judges Bandstra, White, and Fort Hood; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Kreiner Era - 1996-2010 [3135(7)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals reversed summary disposition for defendant, finding that defendant’s failure to timely respond to plaintiffs’ request for admissions that plaintiffs’ injuries met the serious impairment threshold of the no-fault act was, in fact, an admission. The defendant in this case failed to respond to plaintiffs’ request for admissions within the 28-day time period set forth in MCR 2.312(B)(1). The defendant filed her response 38 days after the request was initially served. In reversing, the Court of Appeals pointed out that under MCR 2.312(D)(1), a matter admitted under this rule is conclusively established unless the court permits withdrawal or amendment of the admission upon a party’s motion. No such motion was made. Therefore, the matter was conclusively admitted.
