Wayne County Circuit Court; Docket No. 81-104-429-AV; Unpublished
Judge Thomas J. Brennan; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Pre-Cassidy Era – 1973-1982) [§3135(1)]
General Ability / Normal Life Element of Serious Impairment (Pre-Cassidy Era – 1973-1982) [§3135(1)]
Determining Serious Impairment of Body Function as a Matter of Law (Pre-Cassidy Era – 1973-1982) [§3135(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a lengthy written Opinion which reviewed developing appellate case law on the question of serious impairment of body function, Judge Brennan reversed the ruling of a district judge granting a directed verdict in favor of defendant at the close of proofs on the question of whether the plaintiff had sustained a threshold injury. Judge Brennan noted that the appropriate test regarding this issue is whether reasonable minds could differ on whether plaintiff’s injuries constitute a serious impairment of body function. If reasonable minds could differ, then the issue is not to be decided on motion or as a matter of law by the Court, but rather the case should be referred to the trier of fact In addition, Judge Brennan applied the analysis set forth in the recent case of Hermann v Honey (item number 389) and found that "although the plaintiff’s injuries are by no means exceptionally severe, there appears to be sufficient evidence as to their long term, reoccuring debilitating effects from which reasonable jurors could disagree as to whether plaintiff had suffered a serious impairment of a body function. Hence, a directed verdict for the defendant in this case is inappropriate."
