Ullery v. Sobie

Defendant Robert A. Sobie appeals as of right from a judgment entered in favor of plaintiff, Brenda Lee Ullery. Plaintiff was injured by defendant in an automobile collision. She was not wearing a seat belt. Michigan law limits the reduction of recoverable damages available to plaintiff due to her failure to wear a seat belt to no more than five percent. Defendant argues on appeal that the statute is unconstitutional. MCL 257.710e(5); MSA 9.2410(5)(5). He argues, also, that the court erred in that it reassigned plaintiffs fault to him and awarded costs and attorney fees to plaintiff. We…