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Davey v. Starr6/17/2003
has the burden of proof on each of the following elements: First, that the Plaintiff was injured; and second, that Plaintiff's injury resulted in serious impairment of body function. If you decide that both elements have been proved, then plaintiff is entitled to recover damages for non-economic loss that you determine the Plaintiff has sustained as a result of the injury.
Now, as I said, one of the elements the Plaintiff must prove in order to recover non-economic loss damages in this case is that she sustained a serious impairment of bodily function. Serious impairment of body function means an objectively manifested impairment of an important body function that affects the Plaintiff's general ability to lead her normal life. . . .
Subsequently, the jury was also instructed pursuant to SJI2d 50.01 that "If you find that the Plaintiff is entitled to damages . . ."
We find no error in the trial court's giving SJI2d 50.11. Prior to the trial court instructing on SJI2d 50.11, it instructed the jury with regard to SJI2d 36.11 and SJI2d 50.01, clearly, instructing the jury that prior to any kind of award of damages it must find that plaintiff suffered an injury that resulted in serious impairment of bodily function. It is undisputed, and was a significant part of defendants' defense, that plaintiff suffered from back problems prior to injuries she suffered as a result of the automobile accident. Defendants' argument at trial was that the injuries suffered by plaintiff were a result of the prior accident, and that there was not a significant change in plaintiff's back injury following the car accident. SJI2d 50.11 is a standard jury instruction that was applicable. Error only exists when the instructions are extracted piecemeal. See Case, supra, 463 Mich 6. Therefore, the trial court did not abuse its discretion in determining that the instruction was applicable, and there was no error as the instructions given, when read in their entirety, were consistent with Michigan law.
Affirmed.
Kathleen Jansen
Kirsten Frank Kelly
Karen Fort Hood
Page 1 2 3 4 Michigan Personal Injury Attorneys
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