Washtenaw County Circuit Court; Case No. 74-1376-NI; Unpublished
Judge Edward D. Deake
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Determining Serious Impairment of Body Function as a Matter of Law (Pre-Cassidy Era – 1973-1982) [§3135(1)]
Loss of Consortium Claims [§3135]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
The court held:
1. The no-fault law has not deprived the circuit court of subject matter jurisdiction in automobile tort cases but the circuit courts must decide the applicability of the no-fault law to each case at bar.
2. The no-fault law was applicable to the case at bar where the plaintiff was injured when defendant's car struck him while plaintiff was riding a motorcycle. However, the court did not decide whether plaintiff had a claim against defendant's insurer for PIP benefits or whether plaintiff would be allowed to recover PIP benefits from his own insurer.
3. Where the plaintiff alleges serious impairment of a body function, he has a right to trial by jury on that allegation and the defendant cannot under no-fault seek summary dismissal of the lawsuit, and;
4. Loss of consortium is a noneconomic injury for which the plaintiff has no recovery. In addition, the plaintiff is entitled to no recovery in the form of PIP benefits for property damage to "vehicles." Both of these latter allegations were proper subjects for summary judgment.
