Michigan Court of Appeals; Docket No. 59767; Published
Judges Wahls, Kelley, and Lambrosf; Per Curiam
Official Michigan Reporter Citation: 124 Mich App 650; Link to Opinion 
STATUTORY INDEXING:
Trial Procedure Issues [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this per curiam Opinion, the Court of Appeals ruled that it was error for defense counsel in a third party tort case to make reference to the fact that plaintiff’s medical bills would be paid for life under plaintiff’s first party no-fault coverage, as were the first three years of plaintiff’s wage loss. The Court stated, "The subject of any party to a lawsuit having recourse to an insurance policy cannot be raised at 0131."
However, the Court ruled that violation of this rule by defense counsel did not warrant reversal, of the judgment for defendant because the jury "never reached the issue of damages. A special verdict form was submitted to the jury. The jury specifically found that defendant was not negligent and that defendant did not breach any implied warranty of fitness. We believe that this finding by the jury overcomes the presumption of prejudice raised by defense counsel's remarks." Furthermore, the Court noted that during the trial, plaintiff made references to a "need for costly medical care for the rest of plaintiff’s life." Although the plaintiff limited his request for damages to non-economic losses only, the Court felt that "the testimony regarding medical expenses painted a picture of substantial expense, an issue which the defense sought to eliminate from the jury's consideration."
