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Kaiser v. Allen

Citations: 729 N.W.2d 518; 477 Mich. 1097Docket: 133031

Court: Michigan Supreme Court; April 13, 2007; Michigan; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Michigan Supreme Court has agreed to hear an appeal involving the estate of a deceased individual against a named defendant driver. The primary legal issues concern the allocation of liability under Michigan Compiled Laws (MCL) 600.2957(1), which allocates liability based on a person's percentage of fault, and MCL 257.401(1), which imposes vicarious liability on vehicle owners regardless of their fault. The case also involves a jury's award of $100,000 in damages against the defendant driver, contrasted with a $300,000 settlement already reached with the vehicle owner. The Court intends to resolve how these statutes interact and the implications of the jury's damage award given the prior settlement. The Michigan Trial Lawyers Association and the Michigan Defense Trial Counsel have been invited to submit amicus curiae briefs, with other parties allowed to request permission to file additional briefs. The Supreme Court's decision in this matter will clarify the legal standards governing liability and damages in similar vehicular accident cases.

Legal Issues Addressed

Allocation of Liability under MCL 600.2957(1)

Application: The court will address how liability is determined based on a person's percentage of fault in the context of the accident involving the defendant driver.

Reasoning: The Court will address two key issues in the appeal: The relationship between MCL 600.2957(1), which allocates liability based on a person's percentage of fault...

Impact of Settlement on Damage Awards

Application: The court will consider the effect of a $300,000 settlement with the vehicle owner on the $100,000 damages awarded by the jury against the defendant driver.

Reasoning: The implications of a jury's damage award of $100,000 against the defendant driver, which represents the total damages suffered by the estate due to the accident, particularly in light of a $300,000 settlement with the vehicle owner.

Vicarious Liability under MCL 257.401(1)

Application: The case examines the statute imposing vicarious liability on vehicle owners, regardless of their personal fault, in relation to the accident.

Reasoning: The Court will address two key issues in the appeal: ... and MCL 257.401(1), which establishes vicarious liability for vehicle owners regardless of their fault.