Michigan Court of Appeals; Docket No. 9549; Unpublished
Judges Cynar, Gribbs, and Gillespie; Unanimous
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)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Cynar, the Court of Appeals reversed a trial court grant of "directed verdict" after the jury rendered a verdict finding that the plaintiff had not sustained a threshold injury, but yet finding that the plaintiff was entitled to $40,000 in damages.
The plaintiff was involved in two accidents within two days of each other. Following the first accident, he had a bump on his head for which he did not seek medical treatment. Two days later, he was involved in a second accident after which he was taken to the hospital, and x-rays disclosed that he had suffered multiple linear skull fractures. Plaintiff’s complaints in die hospital consisted of nausea, vomiting and headaches. A CAT scan showed that he had an epidural hematoma, and as a consequence, underwent a right frontal craniotomy to remove the hematoma. The surgery left a scar on plaintiff’s right front scalp area.
The jury rendered a verdict finding no serious impairment or permanent serious disfigurement. However, in response to the next special verdict question, the jury determined plaintiff’s damages to be in the amount of $40,000. Although the trial judge recognized the inconsistent nature of the verdict, he did not resubmit the case to the jury with further instructions. Instead, he interpreted the verdict as a determination by the jury that plaintiff had no cause of action.
On appeal, the Court of Appeals held that the verdict was inconsistent, could not be reconciled, and as a consequence, ordered a new trial. The post-verdict granting of a directed verdict by the Court was also reversed on the grounds that DiFranco required submission of the threshold issue to the trier of fact, thereby precluding a directed verdict in this case.
