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Rusinek v. S, S & S LUMBER CO.

Citations: 296 N.W.2d 262; 98 Mich. App. 380; 1980 Mich. App. LEXIS 2759Docket: 78-3137

Court: Michigan Court of Appeals; July 1, 1980; Michigan; State Appellate Court

Narrative Opinion Summary

In this case, the plaintiffs, Eugene and Marie Rusinek, filed a lawsuit seeking damages from an auto accident under the Michigan no-fault insurance framework. Eugene claimed damages for a 'serious impairment of body function,' while Marie pursued a claim for loss of consortium. The defendant, Schultz, Snyder, Steele Lumber Company, contended that Marie's claim was not covered under the no-fault act; however, this motion was denied at the trial court level, which awarded damages to both plaintiffs. On appeal, the court primarily addressed whether a loss of consortium claim is permissible under the no-fault act. It concluded that such claims are not recognized unless the spouse personally endures death, serious impairment, or permanent disfigurement. Additionally, the court considered whether Eugene was entitled to noneconomic damages beyond the period of serious impairment, given his return to work and resumption of normal activities. The appellate court reversed and remanded for failure to instruct the jury on the limitations of such damages, with a partial dissent suggesting a broader interpretation of the statute to include consortium claims. The appellate decision emphasizes the importance of adherence to statutory language while acknowledging the potential for diverse interpretations under Michigan law.

Legal Issues Addressed

Eligibility for Pain and Suffering Damages

Application: The legal standard requires a showing of serious impairment to recover in tort, which also limits future damage claims if the plaintiff no longer suffers from such an impairment.

Reasoning: The legal standard requires a showing of serious impairment to recover in tort, which also limits future damage claims if the plaintiff no longer suffers from such an impairment.

Interpretation of No-Fault Insurance Statutes

Application: The dissent argues that the Michigan no-fault insurance act should be liberally interpreted to allow recovery for loss of consortium, aligning with the legislative intent to benefit policyholders.

Reasoning: Citing Attorney General ex rel Ins Comm'r v Michigan Property, Casualty Guaranty Ass'n, the author emphasizes that insurance laws should be liberally interpreted in favor of policyholders and creditors.

Jury Instructions on Serious Impairment

Application: The trial court's failure to provide a requested instruction on the duration of serious impairment left it ambiguous whether the jury found Mr. Rusinek still had a serious impairment.

Reasoning: The trial court's failure to provide a requested instruction on this matter left it ambiguous whether the jury found Mr. Rusinek still had a serious impairment.

Loss of Consortium under Michigan No-Fault Act

Application: The court concluded that a spouse is not entitled to recover for loss of consortium under the no-fault act, as they themselves have not experienced death, serious impairment, or permanent disfigurement.

Reasoning: The court agreed with Judge Bashara, concluding that a spouse of an injured party is not entitled to recover for loss of consortium under the no-fault act since they themselves have not experienced death, serious impairment, or permanent disfigurement.