Harris v. McVickers

Plaintiffs appeal from an order of summary judgment for defendant. Plaintiffs’ suit for damages stems from injuries sustained in an automobile accident. One plaintiff alleges headaches and the other a stiff neck, knee pains, and headaches.

Defendant contends there was no issue as to a material fact, GCR 1963, 117.2C3) 1 , since the injuries claimed did not constitute "serious impairment of body function” so as to meet the threshold tort requirements of the no-fault act, MCL 500.3135; MSA 24.13135. 2

A motion for summary judgment grounded on GCR 1963, 117.2(3) is designed to test whether factual…