Pohl v. Gilbert

Plaintiff brought suit under the no-fault automobile insurance act alleging that defendant’s negligent operation of an automobile in which plaintiff was a passenger had caused plaintiff serious impairment of body function. See MCL 500.3135(1); MSA 24.13135(1). A bench trial was held, at the conclusion of which the trial court found negligence, but no serious impairment of body function. Plaintiff appeals and we reverse.

Plaintiffs primary contention on appeal is that *179the trial court erred in finding no serious impairment of body function.

Findings of fact by the trial court may not be set aside…