Legal Opinion · Dissent

Kevin Krohn v. Home-Owners Ins Co

Michigan Supreme Court

Decided July 29, 2011No. Docket 140945Published

1DissentHathaway, J.

This case addresses whether a medical procedure performed on plaintiff to treat his severe accident-related spinal-cord injuries was “reasonably necessary” under MCL 500.3107(1)(a) of the no-fault act, MCL 500.3101 et seq. The majority holds that the procedure was not “reasonably necessary” and, in doing so, adds language to the no-fault act that was rejected by ballot referendum in 1994. The majority reaches its result by erroneously removing the determination of which expenses are “reasonably necessary” from the jury. Additionally, the majority’s new judicially crafted definition of…

2Cases cited17 opinions

  1. Sun Valley Foods Co. v. WardMichigan Supreme Court · 1999
  2. People v. McGrawMichigan Supreme Court · 2009
  3. Turner v. Auto Club Ins. Ass'nMichigan Supreme Court · 1995
  4. Griffith v. State Farm Mutual Automobile InsuranceMichigan Supreme Court · 2005
  5. Orzel v. Scott Drug Co.Michigan Supreme Court · 1995

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