Mann v. St Clair County Road Commission

The sole issue before the Court is whether the safety belt use statute’s cap on the reduction of damages, MCL 257.710e(6), applies when suit is brought against a county road commission under the highway exception to governmental immunity. MCL 257.710e(6) provides that a plaintiffs damages arising out of the ownership, maintenance, or operation of a motor vehicle can be reduced by no more than five percent because of a plaintiffs failure to wear a safety belt. We adopt Justice BOYLE’s concurrence in Klinke v Mitsubishi Motors Corp, 458 Mich 582; 581 NW2d 272 (1998), and hold that MCL…