Genesee County Circuit Court; Docket No. 76-40920-NI; Unpublished
Judge Robert M. Ransom; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Loss of Consortium Claims [§3135]
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 another decision dealing with the troublesome question of loss of consortium, Judge Ransom held that an action for loss of consortium is permitted under §3135 of the no-fault statute as long as the spouse of the consortium claimant has sustained threshold damages under the no-fault statute. The Court reasoned that the phrase "injured person" referred to in §3135 refers to the person physically injured in the automobile accident The Court noted that a "careful examination" of the no-fault statute fails to reveal language which expressly declares that a tortfeasor is not liable for loss of consortium caused by negligent operation of a motor vehicle. Accordingly, the Court felt that its construction of §3135 permitting actions for loss of consortium is "most agreeable to the rules of the common law" in the absence of an expressed declaration in the fact to the contrary.
The Court also ruled that based on the Court of Appeals decision in McKendrick v Petrucci (item number 19) the question of whether a plaintiff has sustained a serious impairment of body function should in almost all instances be submitted to the jury as trier of fact.
