M Civ JI 36.03 No-Fault Auto Negligence: Permanent Serious Disfigurement

The law in Michigan provides that plaintiff may recover [insert ‘noneconomic loss” if the plaintiff is a Michigan resident; insert “economic and noneconomic loss” if the plaintiff is not a Michigan resident] damages in this case if [ he / she ] suffered permanent serious disfigurement. The term “permanent serious disfigurement” should be considered to have its ordinary meaning as those words are commonly used. Based upon the evidence in this case, you must decide whether plaintiff suffered disfigurement and, if so, whether that disfigurement is both serious and permanent.

Note on Use

2019 PA 21 and 22 amended the Michigan No-Fault Insurance Act to differentiate between Michigan residents and out-of-state residents for purposes of tort liability for economic damages. MCL 500.3135(2)(b) & (3)(d).

The parenthetical phrase “noneconomic loss” should be included in the instruction if the Michigan resident plaintiff claims economic loss in addition to noneconomic loss. Under MCL 500.3135(3)(c) (formerly MCL 500.3135(2)(c)), the Michigan resident plaintiff need not prove permanent serious disfigurement to recover economic loss damages in excess of no-fault benefits. However, the out-of-state resident Plaintiff must prove permanent serious disfigurement to recover economic and noneconomic loss damages.

The issue of permanent serious disfigurement is a question of law if the trial judge finds either that (1) there is no factual dispute concerning the nature and extent of the person’s injuries, or (2) there is a factual dispute concerning the nature and extent of the person’s injuries, but the dispute is not material to the determination of whether the person has suffered permanent serious disfigurement. MCL 500.3135(2)(a).

History

M Civ JI 36.03 was added November 1980. Amended October 2022