Mann v. St Clair County Road Commission

I would find that the five percent cap on damage reduction for failure to wear one’s safety belt applies to a suit brought under the highway exception to governmental immunity. This would be consistent with my dissenting opinion in Klinke v Mitsubishi Motors Corp, 458 Mich 582; 581 NW2d 272 (1998).

STATUTORY ANALYSIS

The safety belt statute provides:

Failure to wear a safety belt in violation of this section may be considered evidence of negligence and may reduce the recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle. However, such negligence shall…