Genesee County Circuit Court; Docket No. 75-39397-NI; Unpublished
Judge Philip C. Elliott; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Loss of Consortium Claims [§3135]
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a lengthy written Opinion which considered many issues in connection with a motion for new trial, Judge Elliott held that under the language of §3135(2) of the no-fault law a parent was not permitted to recover "loss of investment or nurture" in a wrongful death action involving the death of a child in an automobile accident. Judge Elliott reasoned that the loss in investment of a parent in a child is the sum of what the parent expended in behalf of the child and that is an economic loss of the parents upon the death of the child. Economic losses upon death (except as may be possible recoverable under §3107 to §3110) were abolished by the no-fault act; only noneconomic losses can be recovered.
Accordingly, Judge Elliott ruled that it was not appropriate to let the jury include "loss of investment or nurture" in its award to the parents of the deceased child.