63rd Judicial District Court, Grand Rapids, Michigan; Case No. SC 74-60-2; Unpublished
District Judge Joseph B. White
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
General / Miscellaneous [§3121]
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
The court held that the provisions of §3135 and §3121, which abolish tort liability for property damage arising out of an automobile accident and limit recovery to property protection insurance benefits, violate the due process and equal protection clauses of the U. S. and Michigan Constitutions. In addition, the court held that the portions of §3121 of the no-fault law which provide that property protection insurance benefits paid under one policy for all damage to tangible property arising from one accident shall not exceed one million dollars; constitute an irrational classification violative of the equal protection clauses of the U. S. and Michigan Constitutions.