Introduced
by
To revise the definition of "serious impairment of body function" in the no fault auto insurance law. A person who causes such an injury may be subject to a lawsuit for “pain and suffering” damages otherwise barred by the no fault law. Under the bill the new definition would be, “an objectively manifested INJURY INVOLVING an important body function that, IN SOME WAY AND FOR SOME TIME, affected the injured person's ability to lead his or her normal life.” Under current law the statute reads, “an objectively manifested IMPAIRMENT of an important body function that affects the person's GENERAL ability to lead his or her normal life.” This relates to recent controversial Supreme Court decisions in and Straub v. Collette and in Kreiner v. Fischer, where the court held, "to determine whether one has suffered a ‘serious impairment of body function,’ the totality of the circumstances must be considered, and the ultimate question that must be answered is whether the impairment 'affects the person’s general ability to conduct the course of his or her normal life'”.
Referred to the Committee on Judiciary
