Genesee County Circuit Court; Docket No. 80-56853-NI; Unpublished
Judge Robert N. Ransom; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
Plaintiff, Dorothy Ross, sustained personal injuries in an automobile accident and commenced a third party negligence action against the driver of the other automobile alleging threshold injuries. Her husband, Joseph Ross, also joined in the action claiming loss of consortium. In addition, plaintiffs commenced a dram shop action arising out of the same accident Plaintiff settled the dram shop action for a lump sum payment of $7,000 paid to both plaintiffs jointly. During trial of the negligence case, counsel stipulated not to advise the jury of the settlement and to reduce any award by the amount of the prior recovery. The jury awarded plaintiff, Dorothy Ross, $25,000 and Joseph Ross $5,000. Subsequently, a dispute arose between counsel as to the extent the auto defendant should be given credit for the prior dram shop settlement inasmuch as certain economic loss damages (medical expenses and wage loss benefits) were recoverable in the dram shop action and excluded in the auto negligence claim.
Judge Ransom, relying on the case of Logan v Levy, 99 Mich App 356, held that an evidentiary hearing should be conducted "for the purpose of making a determination as to the nature of damages recovered in the dram shop action and, the extent thereof, so that credit can be accorded defendant herein to the extent this judgment reflects a double award for like damages. The parties shall submit proofs so the court may determine apportionment."
