United States District Court, Eastern District of Michigan; Docket No. 76-72650; Unpublished
Judge Ralph Guy
Official Federal Reporter Citation: Not applicable; Link to Opinion 
STATUTORY INDEXING:
Serious Impairment of Body Function Definition (Cassidy Era – 1983-1986) [§3135(1)]
Important Body Function Element of Serious Impairment (Cassidy Era – 1983-1986) [§3135(1)]
Causation Issues [§3135]
Mental Anguish PTSD Claims [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a jury trial involving a plaintiff who allegedly suffered soft tissue injuries with emotional and mental overlays, Judge Guy advised the jury that in deciding the question of serious impairment of body function, the jury could consider "mental impairment" as well. Judge Guy instructed the jury, in part, as follows:
"The terms 'serious impairment' and 'function' have no special or technical meaning in the law, and should be considered by you in the ordinary sense of their common usage. The term serious has been defined as concerned with important rather than trivial matters. The term serious does not necessarily include the element of permanency, although you may consider the presence or absence of permanency in determining whether there is a serious impairment. The term impairment has been defined as made worse or diminished in some material respect. The term function has been defined as the function or which a thing is specially fitted or used or for which it exists, the normal and special action of any organ or part of the human body.
"Now, let me also indicate to you that I also instructed you that if you do find that the defendants have been negligent and that their negligence is a proximate cause of the injuries of Lillian Thomas, she may recover for the following — physical pain and suffering, mental anguish, fright and shock, denial of social pleasure and enjoyment."You must interpret that, though, in light of the no-fault threshold. She can recover for those only if you find that there has been a serious impairment of a bodily function. A bodily function is as the words in their common usage provide. The operation of the mind could be a bodily function. If you find that mental anguish or some other effect on the mind is severe enough that it has caused a serious impairment of the functioning, then that is a recoverable item. But that becomes a threshold question; just as if you were considering whether the arm has had a serious impairment of function, you have to consider whether the mind has had a serious impairment of function."
After deliberating, the jury returned a verdict for $96,000 for the injured plaintiff and a verdict of $20,000 for her husband's loss of consortium.
