McDonald v. Oberlin

Plaintiff filed suit seeking to recovér damages for noneconomic losses arising out of an automobile accident. The trial court granted summary judgment in favor of defendant pursuant to GCR 1963, 117.2(3) (no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law). Plaintiff appeals as of right.

Following adoption of the Michigan automobile no-fault insurance law, a person remains subject to nonintentional tort liability for noneconomic loss caused by his use of a motor vehicle only if the injured person has suffered death, serious impairment of a…