Michigan Court of Appeals; Docket No. 77-3087; Unpublished
Judges V. J. Brennan, R. B. Bums, and M. J. Kelly; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
Social Security Survivor’s Benefits [§3109(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a very brief 2-1 per curiam decision, this panel of the Court of Appeals agreed with the holding in O'Donnell v State Farm, 70 Mich App 487 (1976), that the deduction of social security benefits from no-fault survivors benefits under §3109(1) of the no-fault statute is unconstitutional.
Judge R. B. Bums dissented stating that the correct rule of law is Smart v Citizens Mutual (item number 75).