Introduced
by
To redefine "serious impairment of body function" in the no-fault auto insurance law to mean an objectively manifested injury involving an important body function that “affects in some way and for some time the injured person's ability to lead a normal life.” This is more broad than the current definition, which is “affects the person's general ability to lead his or her normal life.” Under the no-fault law a person who causes an accident remains subject to tort liability for noneconomic loss only if the injured person has suffered death, “serious impairment of body function,” or permanent serious disfigurement. The bill would reverse the Supreme Court ruling in Kreiner v. Fischer, SC Docket No. 124120, which ruled that if the plaintiff "is still generally able to lead his normal life" the injury does not rise to this standard.
Referred to the Committee on Government Operations and Reform
