Michigan Court of Appeals; Docket No. 97303; Unpublished
Judges Holbrook, Jr., MacKenzie, and Baguley; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not applicable; Link to Opinion 
STATUTORY INDEXING:
Determining Serious Impairment of Body Function As a Matter of Law (DiFranco Era – 1987-1995) [§3135(1)]
Determining Permanent Serious Disfigurement As a Matter of Law [§3135(1)(2)]
Trial Procedure Issues [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, plaintiff appealed from a judgment of no cause of action entered on a claim for personal injuries sustained in an automobile accident. The jury, by special verdict, found that plaintiff did not sustain either a serious impairment of body function or a permanent serious disfigurement.
On appeal, the Court of Appeals held that the serious impairment question presented by this case was, under the DiFranco standard, a jury question. The court held the same as to the permanent serious disfigurement issue.
However, the court reversed and remanded the jury verdict for instructional error. In reliance upon the court held that the case should be remanded, even though plaintiff had failed to object to the erroneous instruction that the "serious impairment of a body function requires that the impairment be of an important body function.”
