Michigan Supreme Court; Docket Nos. 71113,71229; Published
Opinion by Justice Levin; Unanimous
Official Michigan Reporter Citation: 122 Mich 12; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Cassidy Era – 1983-1986) [§3135(1)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In this long awaited decision regarding the appeal of item number 588, the Supreme Court unanimously held in an opinion by Justice Levin that a tort plaintiff who suffers serious impairment of body function is entitled to recover damages for noneconomic loss (pain and suffering, etc.) after the point in time where the injury no longer constitutes serious impairment of body function. The Court ruled that pursuant to the language of §3135 of the Act, once a threshold injury is established (death, serious impairment of body function or permanent serious disfigurement), a traditional tort action for noneconomic loss may be maintained. The limitations on tort liability under the statute are thresholds and are not continuing limitations. Once the threshold is met, liability extends for all noneconomic loss. Because of the fact that the juries in these cases were instructed that plaintiffs were entitled to recover noneconomic damages only for the period in which serious impairment of body function was suffered and not for a period beyond such impairment, the instructions were fatally defective arid plaintiffs were entitled to a new trial.
