12th District Court for the County of Jackson; Docket No. 92-55 7-GC;
Judge Carlene G. Walz
MTLA File No. OP-844-4: _________; Link to Opinion
General / Miscellaneous [§3135]
In this written Opinion by Judge Carlene Walz the court construed the mini-tort provisions of the no-fault law, §3135(2)(d). The mini-tort provisions of the no-fault act allow for the recovery of up to $400 for damages to motor vehicles, to the extent that the damages are not covered by insurance. In this case, the plaintiff alleging entitlement to the damage award was an uninsured motorist at the time of the accident The defendant argued that the cases of Franklin v Jenkins (Item No. 508) and Miller v Gardener (Item No. 1081) precluded recovery of property damages under the mini-tort provisions where the damaged party was operating an uninsured motor vehicle at the time of the accident Judge Walz rejected this argument and held that the victim, though uninsured, was not prevented from suing the defendant for mini-tort damages under the act.