(dissenting). Under the facts of this case, plaintiff could recover for injuries sustained if she suffered serious impairment or disfigurement. As stated in Cassidy v McGovern, 415 Mich 483; 330 NW2d 22 (1982), where there is no factual dispute regarding the nature and extent of a plaintiff’s injuries, the question of serious impairment of body function is a question of law to be decided by the trial court. I agree with the majority that the trial court erred in submitting the serious impairment question to the jury because it was a question for the trial court to decide. If the jury had answered "no” to the question "Did the plaintiff sustain serious impairment of body function or permanent serious disfigurement?”, the granting of a new trial would be proper. The jury, however, answered "yes” to the question and thereby crossed the threshold requirement. The crucial question here is whether the jury was adequately instructed on damages.
The trial court instructed the jury that the verdict would be for plaintiff if it found that Carolyn LaHousse suffered an injury which resulted in serious impairment of a body function or permanent serious disfigurement, that defendant was negligent and that such negligence was a proximate cause of plaintiff’s injury.
The jury was instructed that, if plaintiff was entitled to damages, the jury was to determine the amount of money which would reasonably, fairly and adequately compensate her for each of the elements of damage which the jury decided resulted from the negligence of defendant, taking into account the nature and extent of the injuries. The jury was to consider at the present time the *23elements of physical pain and suffering, mental anguish, fright and shock, denial of social pleasures and enjoyment, embarrassment, humiliation and mortification, and disability, including the impairment of her left leg. The jury was instructed to consider whether the enumerated elements of damage would continue into the future and, if so, to decide how long. If it was decided that the injuries were permanent in nature, then the jury was instructed to decide how long plaintiff is likely to live. The instruction on mortality tables was given.
The jury was instructed that the elements of damages were to be decided based on evidence and not on speculation, guess or conjecture. The award for pain and suffering was up to the sound judgment of the jury. Plaintiff made no objection to the instructions nor to the special verdict form submitted to the jury.
I would affirm.