Michigan Court of Appeals; Docket No. 178210; Unpublished
Judges Corrigan, Jansen, and Warshawsky; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (DiFranco Era – 1987-1995) [§3135(1)]
General Ability / Normal Life Element of Serious Impairment (DiFranco Era – 1987-1995) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion dealing with a third party auto negligence case, the Court of Appeals denied plaintiffs post-trial motions for directed verdict, JNOV, new trial and additur. The jury awarded plaintiff $50,000 on her claim of permanent serious disfigurement, but returned a verdict of no cause for action on plaintiff’s claim of serious impairment of body function. Plaintiff’s injuries consisted of a concussion, a fractured skull, an injured wrist and bruised buttocks. Plaintiff testified she was able to resume all activities within approximately one month of the accident. Plaintiff made a motion for directed verdict on the issues of serious impairment of body function and permanent serious disfigurement The Court of Appeals, affirming the trial court, held that these issues were properly submitted to the jury under the standard adopted by the Supreme Court in DiFranco v Pickard (Item No. 978). The court held that reasonable minds could have concluded that plaintiff’s injuries did not constitute a serious impairment of body function given the short time the impairment lasted and plaintiff’s rapid and full recovery. Similarly, the court found that the jury verdict of $50,000 on plaintiff’s claim of permanent serious disfigurement was not "so clearly or grossly inadequate and so contrary to the great weight of the evidence pertaining to damages sustained by the plaintiff as to shock the judicial conscience."
The court also affirmed the trial court's award of mediation sanctions in favor of defendant The mediators awarded plaintiffs 150,000, which was rejected by both plaintiff and defendant The trial court awarded defendant approximately $ 16,500 in attorney fees and approximately $3,500 in defense costs, which included expert witness fees. The Court of Appeals affirmed these sanctions and held "that the trial court's mediation award did not constitute an abuse of its discretion."
