Kelleher v. Kuchta

Plaintiffs appeal from an order of partial summary judgment entered in the Livingston County Circuit Court. The trial court determined that, as a matter of law, Matthew Kelleher *47had not sustained injuries which constituted a serious impairment of a body function. This case arises as a result of the Supreme Court’s ruling in Cassidy v McGovern, 415 Mich 483; 330 NW2d 22 (1982), that where there exists no factual dispute regarding the nature and extent of a plaintiff’s injuries, the trial court shall rule as a matter of law whether there has been a “serious impairment of body function”. MCL…