Wexford County Circuit Court; Docket No. 76-2899-NI; Unpublished
Judge Walter F. Ransom (Acting Wexford County Circuit Judge); Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Loss of Consortium Claims [§3135]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a written Opinion, acting Circuit Judge Ransom agreed with the decision of Wayne County Circuit Judge Giovan (discussed in item number 63) that the no-fault statute and in particular §3135(1) and (2), does not permit claims for loss of consortium by spouses of injured persons who sustain “threshold injuries.” Judge Ransom reasoned that the only noneconomic loss which is exempted from the abolishment of tort liability is that which is suffered by the “injured person” and that this limitation evidences a legislative intent to abolish damages for the noneconomic loss of consortium. Judge Ransom considered the opinion of Kalkaska County Circuit Judge William Porter in Kraeft v Warrick (item number 59) and rejected the holding therein. In so doing, Judge Ransom disagreed that his interpretation would abolish derivative actions for wrongful death as such actions are specifically preserved by the no-fault statute and are a unique type of injury which by its very nature cannot be claimed by the injured person as he or she is simply dead. That is not the case with loss of consortium, and accordingly Judge Ransom ruled that those claims are abolished by the no-fault statute.
[Author's Comment: Persons interested in the "loss of consortium" issue should refer to the decisions discussed in items 6, 59, 63, and 64.]
