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CASSIDY v. McGOVERN

Docket Nos. 65385, 65753. (Calendar Nos. 7, 8).

415 Mich. 483 (1982)

330 N.W.2d 22

CASSIDY v. McGOVERN HERMANN v. HANEY

Supreme Court of Michigan.

Decided December 23, 1982.

Attorney(s) appearing for the Case

John D. Hayes for plaintiffs Cassidy.

Jack Carpenter for defendants McGovern, Seaton, and Seaton Industries.

Posner, Posner & Posner (by Samuel Posner and Gerald F. Posner) for plaintiffs Hermann.

Collins, Einhorn & Farrell, P.C. (by Dale J. McLellan and Noreen L. Slank), for defendant Haney.

Mitchell & Leon (by Robert I. Morrison) and Gromek, Bendure & Thomas (by Carl L. Gromek and Nancy L. Bosh) for defendant Hackney.

Amicus Curiae:

Lopatin, Miller, Freedman, Bluestone, Erlich & Rosen (by Steven G. Silverman) for Michigan Trial Lawyers Association.

Rehearing denied 417 Mich. 1104.

COLEMAN, J.

In these cases, we examine the nature of the exception to tort immunity that exists under the motor vehicle no-fault act for noneconomic loss suffered in cases of "serious impairment of body function". MCL 500.3135; MSA 24.13135. We hold that the question what injuries come within the class denominated as the "serious impairment of body function" is a question of statutory...

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