Byer v. Smith

The no-fault automobile liability act abolishes tort liability for noneconomic loss unless the physical injury is as severe as death, permanent serious disfigurement, or serious impairment of body function. The question presented is whether a person who is seriously impaired in body function may recover damages for pain and suffering and other sequelae of the injury after the impairment is no longer serious. We hold that he may.

In both Byer and Incarnati, the juries were instructed in accordance with the decision of the Court of Appeals in Rusinek v Schultz, Snyder & Steele Lumber Co, 98 Mich…