Unpublished Dispositionmary E. Miller, Plaintiff-appellant, v. the Firestone Tire and Rubber Company, Defendant-appellant, 831 F.2d 296 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 831 F.2d 296 (6th Cir. 1987) Oct. 16, 1987

Before KEITH and MILBURN, Circuit Judges, and GEORGE CLIFTON EDWARD'S, Jr., Senior Circuit Judge.

PER CURIAM.


Plaintiff Mary E. Miller appeals from the summary judgment granted by the district court in favor of defendant Firestone Tire and Rubber Company. The district court held that, under the analysis set forth in Cassidy v. McGovern, 415 Mich. 483, 330 N.W.2d 22 (1982), plaintiff did not suffer a "serious impairment of body function" which is a prerequisite to recovery for noneconomic damages under the Michigan No-Fault Act. See M.C.L.A. section 500.3135(1). We VACATE the judgment of the district court and REMAND for reconsideration in light of DiFranco v. Pickard, 427 Mich. 32, 398 N.W.2d 896 (1986), which was decided subsequent to the district court's granting summary judgment in the present case. We express no view as to what the final result in this case should be.

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