252 Mich. App. 643 - Jackson v. Nelson’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where in the statute does it say that? I know the instruction says it but not the statute, unless what's happened is everyone has jumped to the conclusion the statute reimplemented Cassidy, which it never did do at all, and is importing something in that the legislature isn't talking about. The impairment has to be objective, and you're saying the injury has to be so, too. If the legislature didn't say so, why should I? * * * I frankly have defined serious impairment just as it is in the statute, giving to its words just their ordinary, dictionary definitions. To the extent the standard jury instruction requires a medically identifiable injury, I believe it is in plain error because that is not what the statute requires. The objective component here must be of the impairment. Maybe the legislature misspoke, but I don't believe so and, even if I did, it would be judicial error to tell the legislature that they didn't get it right. It is the impairment which must be objectively manifested, nothing more. * * * With regard to this medically identifiable injury, the standard jury instruction is, in my opinion, just plain wrong and, therefore, I'm not obligated to give it.[ [52] ]”

   1 later decision quote this exact passage
   e.g. Netter v. Bowman

2. “The Legislature is presumed to have been aware that our Supreme Court in DiFranco construed the phrase `objectively manifested' to require proof that the injury is medically identifiable.”

   1 later decision quote this exact passage
   e.g. Netter v. Bowman

3. “means an objectively manifested impairment of an important body function that affects the person's general ability to lead his or her normal life.”

   1 later decision quote this exact passage
   e.g. Netter v. Bowman