McCORMICK v. CARRIER

The issue in this case is the proper interpretation of the “serious impairment of body function” threshold for non-economic tort liability under MCL 500.3135. We hold that Kreiner v Fischer, 471 Mich 109; 683 NW2d 611 (2004), was wrongly decided because it departed from the plain language of MCL 500.3135, and is therefore overruled. We further hold that, in this case, as a matter of law, plaintiff suffered a serious impairment of a body function. Accordingly, we reverse and remand the case to the trial court for proceedings consistent with this opinion.

I. FACTS AND PROCEEDINGS

This case arises…