Gersten v. Blackwell

This case was submitted to the trial court on the following stipulated facts: On July 3, 1974, in the City of Detroit, an automobile owned and operated by defendant, Mitchell Blackwell, was involved in an accident with an automobile owned and operated by plaintiff Seymour Gersten. Plaintiff Beverly Gersten was a passenger in Mr. Gersten’s automobile. Both plaintiffs were injured in the accident but the injuries did not constitute a serious impairment of a bodily function or a permanent serious disfigurement.

At the time of the accident, defendant was insured under a Michigan no-fault…