Wayne County Circuit Court; Case No. 74-005-575-NI; Unpublished
Judge Charles Kaufman
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
The court held that §3135 was violative of due process because it created an arbitrary and unreasonable classification of tort victims. The court noted that the effect of §3135 was to create two classes of tort victims: those victims who are injured by an insured tortfeasor, and, those victims who are injured by an uninsured tortfeasor. Victims injured by the former are permitted to sue the tortfeasor only for economic losses in excess of the maximum PEP benefits and for noneconomic losses if the victim is severely injured. Victims of the latter are permitted to sue the tortfeasor for full economic and noneconomic losses. The court stated, "there is no reason why one should have his rights determined by the mere happenstance of who commits the tort.” In addition, the court held that §3135 was not severable from the rest of the law and accordingly its unconstitutionality rendered the entire no-fault law invalid.
