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The court dismissed the defendant's threshold motion, finding the plaintiff's psychological injuries constituted a permanent serious impairment.
The plaintiff sought damages for injuries sustained in a motor vehicle accident.
Liability was admitted, and a jury awarded damages for pain and suffering, past income loss, and future income loss.
The court then heard the defendant's threshold motion, which argued the plaintiff's injuries did not meet the statutory threshold for non-pecuniary loss.
The court denied the defendant's motion, finding that the plaintiff had sustained a permanent serious impairment of an important mental or psychological function, thus allowing her claim for non-pecuniary damages to proceed.
Insurer added as statutory third party, but requests to defer coverage issues and hide involvement from jury denied as premature.
Economical Insurance Company brought a motion to be added as a statutory third party under s. 258(14) of the Insurance Act.
The court granted the request to add Economical as a third party and amend the style of cause.
However, the court declined to grant Economical's requests for orders directing that the coverage issue be determined after the liability trial and that Economical's involvement be kept from the jury, finding such orders premature and better left to the discretion of the trial judge.
