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Kreiner v. Fischer

6/3/2003

aintiff 's claims relative to the effect of the injury on his [general] ability to [lead his normal life]. In doing so, the court shall consider the admissibility of the videotape offered by defendant. If the court determines that there are no material factual disputes regarding plaintiff 's claimed limitations, then the court shall grant summary disposition to plaintiff on the threshold issue of serious impairment of body function. If the court determines that there are factual disputes regarding plaintiff 's claimed limitations, then the matter shall be submitted to the jury. [Kreiner, supra at 519.]


Reversed and remanded for proceedings consistent with this opinion. We do not retain jurisdiction.


William B. Murphy


Helene N. White


E. Thomas Fitzgerald






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