Kent County Circuit Court; Docket No. 81-32512-NI; Unpublished
Judge Robert A. Benson; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Loss of Consortium Claims [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Robert Benson held that actions for loss of consortium are still viable causes of action under the no-fault statute. Judge Benson noted that this issue had produced a split of authority at the Court of Appeals (see Warner v Brigham, item number 195 and Rusinek v Schultz, item number 315). However, Judge Benson felt that the ruling enunciated in Warner was the "better reasoned decision and the one which will ultimately be adopted by the Michigan Supreme Court." Judge Benson noted that "statutes which abrogate common law rights are to be strictly construed." He agreed with the opinion of Judge Feikens in Cotton v Minter (item number 239) that once an injured person has crossed the threshold, "then a plain reading of the statute indicates that the insured tortfeasor's entire pre-no-fault liability remains." Judge Benson concluded that if the injured person sustains a threshold injury, "there is no logical reason why that injured person's spouse would not have the rights of recovery which predated no-fault."
