Hermann v. Haney

This appeal is from an order granting summary judgment for defendants.1 The question before this Court is whether it can be said with certainty that no reasonable jury could view Mrs. Hermann’s alleged impairment of body function as "serious” under MCL 500.3135; MSA 24.13135. See McKendrick v Petrucci, 71 Mich App 200; 247 NW2d 349 (1976).

Not every question of whether a particular impairment falls within the act must be submitted to the trier of fact. Cassidy v McGovern, 86 Mich App 321; 272 NW2d 644 (1978). There are cases in which the trial court may properly rule that, as a matter of law,…