During a jury trial arising from a motor vehicle accident, the defendant moved for a determination that the plaintiff’s claim for non‑pecuniary damages was barred under s. 267.5(5) of the Insurance Act.
The court considered whether the plaintiff sustained a permanent, serious impairment of an important physical function, the statutory threshold required to recover such damages.
After reviewing medical evidence, credibility findings, and the plaintiff’s post‑accident activities, the court concluded that the plaintiff did not establish a permanent impairment and, in any event, any impairment was neither important nor serious.
The judge also noted the modest jury award for pain and suffering as consistent with the evidentiary record.
The plaintiff was therefore barred from recovering non‑pecuniary damages.
