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Sarate v Ayers; ( CCC - UNP, 7/16/1998; RB #2077)


Oakland County Circuit Court; Case No. 96-534814-NI; Unpublished  
Honorable Robert C. Anderson (Honorable J. P. Jourdan)   
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt  

Applicability of Comparative Fault to Noneconomic Loss Claims [§3135(2)]

Revised Judicature Act – Impairment Due to Alcohol and Drugs (MCL 600.2955(a))   

In this ruling from the bench, Judge Jourdan vacated an arbitration based upon plaintiff’s argument that the “more than 50% at fault” has for non-economic damages contained in amended section 3135(2)(b) applied to the instant case and not the “50% or more” bar contained in MCLA 600.2955a which would preclude recovery to a plaintiff impaired by his use of alcohol or drugs and found to be “50% or more” the cause of the accident.   

Plaintiff contended that the provisions of section 3135(3), which abolish tort liability except as to certain claims including non-economic loss as provided in subsection (2) “not withstanding any other provision of law” could only be interpreted to mean that the no-fault law clearly controls and that the separate statutory provision which would bar recovery for a person whose impairment was “50% or more” the cause of the accident did not apply.

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