Legal Opinion · Dissent

McCORMICK v. CARRIER

Michigan Supreme Court

Decided July 31, 2010No. Docket 136738Published

1DissentMarkman, J.

I respectfully dissent from the majority’s decision to overrule Kreiner v Fischer, 471 Mich 109; 683 NW2d 611 (2004). The no-fault automobile insurance act, in MCL 500.3135(1), provides that “[a] person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.” The issue here is whether plaintiff has suffered a serious impairment of body function. “ ‘[Sjerious im*227pairment of body function’ means an…

2Cases cited105 opinions

  1. Boys Markets, Inc. v. Retail Clerks Union, Local 770Supreme Court of the United States · 1970
  2. Robinson v. City of DetroitMichigan Supreme Court · 2000
  3. Shavers v. Attorney GeneralMichigan Supreme Court · 1978
  4. Rory v. Continental InsuranceMichigan Supreme Court · 2005
  5. Spiek v. Department of TransportationMichigan Supreme Court · 1998

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