Michigan Court of Appeals; Docket No. 46998; Published
Judges Brennan, Allen, and Beasley; Unanimous
Official Michigan Reporter Citation: 104 Mich App 134; Link to Opinion 
STATUTORY INDEXING:
Trial Procedure Issues [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this Opinion which covers a multitude of issues, the Court of Appeals held that a jury instruction on serious impairment of body function which did not duplicate the instruction in Stevens v Hogue (item number 98) was not reversible error. The Court noted that the "instruction as given did not detract from the statutory standard,” and enabled the jury to define the statutory phrase in a more liberal way than the statute appeared to contemplate. The opinion did not reproduce the instruction given.
In addition, the Opinion summarily indicated that where there was conflicting expert testimony concerning the extent of plaintiff’s injuries, it was not error to submit to the jury the issue of serious impairment of body function. The opinion did not describe the injuries sustained.