Michigan Court of Appeals; Docket Number 25639; Published
Judges Maher, Branson, and Riley; Unanimous
Official Michigan Reporter Citation: 71 Mich App 200; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
The Michigan Court of Appeals, per Judge Maher, rendered its third decision regarding the no-fault statute. This case dealt with two main issues:
1. The court applied the "rational justification'' test and held that §3135 did not constitute an invidious discrimination in violation of equal protection by limiting the tort liability of uninsured drivers. The court found that such a classification provided an incentive to purchase auto insurance. As such it would be improper to invalidate the classification merely because it might incidentally bestow an advantage upon accident victims injured by uninsured drivers. The court noted that the plaintiff’s constitutional argument assumed that §3135 could possibly be read so as to mean that even uninsured drivers have the same tort immunity for non-economic loss as do insured drivers.
2. Citing the Michigan Supreme Court's Advisory Opinion Re: Constitutionality, 1972 PA 294; 389 Mich 441 (1973), the court held that inasmuch as the existence of a serious impairment of a body function involves "qualitative inferences" it is properly a question for the trier of fact and is not an appropriate subject for summary judgment.
