Michigan Court of Appeals; Docket No. 78-3723; Published
Judges Bashara, Gillis, and Van Valkenburg; Unanimous
Official Michigan Reporter Citation: 95 Mich App 454; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
The Court held that a small claims judgment rendered on June 1, 1978 that entitled a party to sue for property damage was a legally correct application of the substantive law as it existed at that time. On November 5, 1975, the Court of Appeals issued its opinion in Shavers v Attorney General, 65 Mich App 355, wherein the Court held unconstitutional the No-Fault Act's property damage protection scheme. That ruling was binding on lower courts from November 5, 1975 to June 8, 1978 when it was reversed by the Supreme Court Thus, as of the June 1, 1978 small claims decision, a party could sue for property damage incurred in a motor vehicle accident.