COA: "Serious Impairment" is Not a Question of Law
No-Fault Newsline 03/07/2018
Although Johnson is unpublished, this unanimous ruling from the COA is noteworthy for its provided caution in simplifying the many factual issues in a 3rd party negligence lawsuit and attempting to get the case dismissed before it gets to a jury. Though, often times an independent medical examination will be instrumental in combatting Plaintiff's injuries, this case further reminds us that the same is not definitive when it comes to a McCormick motion for summary disposition pursuant to MCR 2.116(C)(10).
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