Legal Opinion
Kaiser v. Allen
Michigan Supreme Court
Decided March 26, 2008No. Docket 133031PublishedCited by 23 opinions
1Opinion of the CourtWeaver, J.
At issue in this case is whether the 1995 tort-reform amendments of MCL 600.2957(1) and MCL 600.6304(1) abrogated the common-law setoff rule in automobile accident cases in which the owner of the vehicle is vicariously liable for the operator’s negligence.
We reverse the Court of Appeals holding that the common-law setoff rule does not apply. To the extent that joint and several liability principles have not been abrogated by statute, they remain intact, and the common-law setoff rule remains the law in Michigan for vehicle-owner vicarious-liability cases. As a result, plaintiffs jury verdict…
2Cases cited9 opinions
- Taxpayers of Michigan Against Casinos v. StateMichigan Supreme Court · 2004
- Johnnie F Shinholster v. Annapolis HospMichigan Supreme Court · 2004
- Phillips v. Mirac, IncMichigan Supreme Court · 2004
- Maddux v. DonaldsonMichigan Supreme Court · 1961
- Wold Architects and Engineers v. StratMichigan Supreme Court · 2006
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Rovas v. SBC MichiganMichigan Supreme Court · 2008
- In Re Complaint of Rovas Against SbcMichigan Supreme Court · 2008
- Department of Agriculture v. Appletree Marketing, LLCMichigan Supreme Court · 2010
- Velez v. TumaMichigan Supreme Court · 2012
- Unibar Maintenance Services, Inc v. SaighMichigan Court of Appeals · 2009
18 more not listed; retrieve them via the Exa API.