M Civ JI 36.01B No-Fault Auto Negligence: Noneconomic Loss Damages for Non-Continuing Serious Impairment Threshold Injury

If you find plaintiff suffered serious impairment of body function, but [ his / her ] injury has ceased, or may in the future cease to be a serious impairment of body function, that fact will not relieve defendant from liability for any of the noneconomic loss damages suffered by plaintiff as a proximate result of defendant’s negligence.

Comment

Incarnati v Savage (and Byer v Smith), 419 Mich 541; 357 NW2d 644 (1984); DiFranco v Pickard, 427 Mich 32, 42 n6; 398 NW2d 896, 902 n6 (1986).

History

M Civ JI 36.01A was added September 1988. Amended February 2001. Amended and renumbered to M Civ JI 36.01B October 2022.