Kreps v Grand Trunk Railroad; (ECC-UNP, 6/23/1982; RB #555)

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Eaton County Circuit Court; Docket No. 79-859-NI; Unpublished  
Judge Richard Robinson; Written Opinion  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Not Applicable

TOPICAL INDEXING:
Evidentiary Issues   


CASE SUMMARY:  
In this written Opinion, Judge Robinson held that there is no common law or statutory privilege which attaches to an injured person's no-fault PIP file, thus immunizing that file from discovery in a third party tort case. However, Judge Robinson held that in order for a third party defendant to obtain a copy of the file, the defendant must file a motion for production under GCR 310 and-make a showing of good cause. It is improper to merely issue a subpoena pursuant to GCR 305.1 where production of a copy of the file is desired.