Shaw v. Martin

Defendant Everett appeals by leave granted from a June 21, 1985, order of the circuit court denying his motion for summary judgment in which he claimed plaintiff’s injuries did not constitute serious impairment of body function or permanent serious disfigurement under Michigan’s no-fault insurance act, MCL 500.3135; MSA 24.13135.

Plaintiff was standing on the shoulder of the road in front of defendant Martin’s automobile, which had stalled. Defendant Everett’s car approached the scene and struck Martin’s vehicle. The collision caused the Martin car to strike plaintiff, causing his injuries.…