Oakland County Circuit Court; Case No. 96-534814-NI; Unpublished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
Applicability of Comparative Fault to Noneconomic Loss Claims [§3135(2)]
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.