Kaiser v. Smith

Plaintiff appeals as of right a July 5, 1989, order dismissing with prejudice her claim for noneconomic damages under the no-fault insurance act. MCL 500.3135(1); MSA 24.13135(1). We reverse.

Plaintiff and defendant were involved in an automobile accident on June 7, 1988. On June 23, 1988, plaintiff filed an action against defendant in the Small Claims Division of the 12th District Court, claiming damage to her motor vehicle under the "mini-tort” provisions of the no-fault act. MCL 500.3135(2)(d)-(5); MSA 24.13135(2)(d)-(5). After a trial on July 20, 1988, judgment was entered in plaintiff’s…