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Smith v Mathews; (COA-UNP, 11/14/2000; RB #2177)


Michigan Court of Appeals; Docket No. 219306; Unpublished
Judges Jansen, Doctoroff, and O'Connell; Unanimous; Per Curiam
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   

Disqualification of Uninsured Owners / Operators for Noneconomic Loss [§3135(2)]

Not Applicable    

In this unanimous unpublished per curiam Opinion, the Court of Appeals, relying upon its earlier decision in Stevenson v Reese (Item No. 2123). upheld the constitutionality of section 3135(2)(c), which precludes plaintiffs from recovering non-economic damages in tort where the plaintiff is operating an owned motor vehicle that is not insured. The court held that the statutory prohibition did not violate either the equal protection or the due process clauses of the Michigan Constitution.

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