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Rogers v Durga; (COA-UNP, 1/11/1990; RB #1332)


Michigan Court of Appeals; Docket No. 107226; Unpublished  
Judges Danhof, Maher, and Hood; Unanimous; Per Curiam 
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt  

Serious Impairment of Body Function Definition (DiFranco Era – 1987-1995) [§3135(1)] 
Evidentiary Issues [§3135] 
Trial Procedure Issues [§3135]

Not Applicable  

In this unanimous per curiam Opinion, the Court of Appeals affirmed a jury verdict of no cause of action in a claim for third-party economic and non-economic damages resulting from serious impairment of body function.  

The Court of Appeals held that several factually disputed issues justified the trial court denial of a directed verdict on liability. The jury verdict of no cause for action was apparently based upon the liability issue.  

In one of the issues on appeal, plaintiff contended that reversal was required because of defense counsel’s references to plaintiff’s prior receipt of first-party no-fault benefits. In upholding the jury verdict, the Court of Appeals held that only one reference to no-fault insurance was identified by plaintiff, and since that reference was apparently in response to a related remark by plaintiff’s counsel during his closing argument, it did not deprive plaintiff of a fair trial. Further, since the jury never reached the issue of damages, any error arising from this reference was "harmless."  

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