Michigan Court of Appeals; Docket No. 48069; Published
Judges Brennan, Allen, and Beasley; Per Curiam
Official Michigan Reporter Citation: 102 Mich App 567; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this per curiam Opinion, the Court of Appeals relied upon previous no-fault case precedent and held "the law is clear that the threshold question of 'serious impairment of body function or permanent serious disfigurement' is a jury question to be submitted to and decided by the jury. . . .Only when interpretation approaches or breaches permissible limits does it become a question of law for the court Moreover, each case must be considered individually to reach this determination. While the Advisory Opinion fails to elucidate on where the permissible limits are drawn, the Court adopted the rule that the issue goes to the jury unless it can be said with certainty that no reasonable jury could not view plaintiff’s impairment as serious." Therefore, plaintiff’s motion for a new trial as to damages or, in the alternative, for an additur was properly denied.
