Michigan Court of Appeals; Docket No. 46544; Published
Judges Danhof, Cavanagh, and MacKenzie; Unanimous
Official Michigan Reporter Citation: 108 Mich App 371; Link to Opinion
STATUTORY INDEXING:
Noneconomic Loss Liability of Uninsured Tortfeasors [§3135(1) (3)]
Liability for Economic Loss Caused By Uninsured Tortfeasors [§3135(3)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous 1981 Opinion by Judge MacKenzie, the Court of Appeals addressed several issues in a third party claim against both the other driver and the Road Commission. One of those issues concerned whether or not the injured plaintiff was entitled to an instruction regarding recovery of medical and funeral expenses against the uninsured other driver. Citing the Supreme Court decision in Bradley v Mid-Century Insurance Company, 409 Mich 1 (1980), the Court of Appeals held that if a motorist is uninsured he may be sued for all economic loss as well as above threshold non-economic loss.