Kroft v. Kines

Defendant Kevin Ray Kines appeals, by leave granted, from a circuit court order denying defendant’s motion for summary disposition pursuant to MCR 2.116(C)10). The dispositive issue on appeal is whether plaintiff Linda Kroft suffered a serious impairment of a body function. MCL 500.3135; MSA 24.13135. We find that she did not and reverse.

Plaintiff was injured in an automobile accident on August 4, 1981. Plaintiff was taken by ambulance to the hospital. X-rays revealed that plaintiff suffered two comminuted fractures of the humerus. Her arm was set in a cast. She remained in the hospital for…