Schubot v. Thayer

Plaintiffs appeal as of right from an adverse jury verdict based on the jury’s finding that Marian Schubot had not suffered a serious impairment of a body function as required by MCL 500.3135; MSA 24.13135. The sole issue on appeal is whether the trial court erred in its instruction that pain and suffering alone do not constitute an impairment of a body function. We affirm.

This case arises from a minor automobile accident on July 1, 1977, when defendant’s automobile struck plaintiffs’ automobile in the rear. Plaintiff Marian Schubot’s testimony was that, following the accident, her family…