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Berry v Emrick; (GTC-UNP, 12/28/1978; RBA #145)

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Grand Traverse County Circuit Court; Docket No. 77-6015-NI; Unpublised   
Judge Charles M. Forster  
Official Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Loss of Consortium Claims [§3135]

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In a written Opinion, Judge Forster held that the no-fault statute did not abrogate claims for loss of consortium. Accordingly, once the threshold of death, serious impairment of body function or permanent serious disfigurement has been established [§3135(1)], the tort feasor is liable for all noneconomic losses, which losses include derivative claims of loss of consortium. The statute does not state that such derivative claims are barred and an established rule of statutory construction states that statutes will not be extended by implication to abrogate the established rules of common law.


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