Jackson v. Nelson

Robert B. Nelson (the defendant) appeals of right from a judgment entered in favor of plaintiff following a jury trial in this third-party no-fault insurance action arising from an automobile accident in June 1996. On appeal, defendant alleges that the trial court’s instructions to the jury erroneously stated the law regarding the threshold issue whether plaintiff established “serious impairment of body function.” We agree and, thus, reverse and remand for a new trial.

In this action, plaintiff sought noneconomic damages under the no-fault act, MCL 500.3135(1). Pursuant to MCL 500.3135(1),…