Phillips v. Mirac, Inc

Michigan’s Constitution provides our citizens with the right to trial by jury. Const 1963, art 1, § 14. Because I believe the right to a jury trial is a fundamental right that encompasses the right to have our citizens awarded damages based on the jury’s determination and because I believe MCL 257.401(3),1 the damages cap in this case, violates *450plaintiffs right to a jury trial, as well as plaintiffs equal protection and substantive due process rights, I respectfully dissent.

I. THE CONSTITUTIONAL RIGHT TO A TRIAL BY JURY

“The right of trial by jury shall remain, but shall be waived in all civil…