Watkins v. City Cab Corp.

This is the kind of fender-bender soft tissue injury, briefly incapacitating with a fast and full recovery, that the Legislature meant to keep out of court by enacting the threshold requirements. However, by using the uncertain phrase "serious impairment of body function”, the no-fault act utterly fails to accomplish that purpose and, ironically, makes auto-accident litigation even more of a crap game.

Any incapacity for a few days or weeks will seem "serious” to one jury while another will find against a plaintiff who has a more extensive impairment „with continuing problems. The…