Wayne County Circuit Court; Docket 79-901-519-CK; Unpublished
Judges Danhof, Gillis, and Kaufman; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Nature of Survivor’s Loss Benefits [§3108(1)]
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a per curiam Opinion, the Court of Appeals held that §3108, as originally written, does not deny equal protection because of its failure to provide for an annual cost of living increase for survivors loss benefits even though §3107(b) authorizes such an increase for wage loss benefits in the case of nonfatally injured persons. The Court held that under the analysis employed by the Supreme Court in Shavers v Attorney General (item number 85) it is incumbent upon a party who challenges the constitutionality of the no-fault statute to develop an adequate factual record which would provide a context in which to consider such questions. In this case, plaintiff has developed no factual record regarding this issue.