Phillips v. Mirac, Inc

In this appeal, we must determine whether the statutory cap on recoverable damages set forth in MCL 257.401(3) violates the Michigan Constitution. This provision limits a plaintiff’s recovery in an action against a lessor of a motor vehicle, absent negligence by the lessor, when bodily injury or death occurs from an accident involving a motor vehicle leased for thirty days or less. We find that the damages cap provision of MCL 257.401(3) does not violate a party’s rights to a jury trial, to equal protection, or to due process of law, under the Michigan Constitution. Consequently, we hold that…