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Benefiel v. Auto-Owners

Supreme Court of Michigan
May 30, 2008
481 Mich. 885 (Mich. 2008)

Opinion

No. 135778.

May 30, 2008.

Reported below: 277 Mich App 412.


Leave to Appeal Granted May 30, 2008.

The parties shall include among the issues to be briefed: (1) whether the Court of Appeals correctly held that review of a plaintiffs "whole life" in order to determine the plaintiffs "normal lifestyle" should include the time period before the onset of pre-existing impairments if those impairments are not permanent, and, if so, which party bears the burden of establishing that the pre-existing impairments are not permanent; (2) whether the Court of Appeals correctly held that, in this case, the appropriate period under consideration included the period before the plaintiffs 2002 accident; (3) whether, in reviewing the Livingston Circuit Court's decision granting the defendant's motion for summary disposition, it was proper for the Court of Appeals to both reverse the trial court's decision and to hold that the plaintiff established a serious impairment as a matter of law; and (4) whether the Court of Appeals correctly instructed the trial court that if the jury finds it impossible to differentiate between the damages caused by the first and second accidents, the defendant must be deemed responsible for all the injuries and damages sustained by the plaintiff, despite the fact that the plaintiff brought and settled a prior suit involving the first accident.

The Michigan Association for Justice, the Coalition Protecting Auto No-Fault, the Michigan Defense Trial Counsel, Inc., and the Insurance Institute of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.


Summaries of

Benefiel v. Auto-Owners

Supreme Court of Michigan
May 30, 2008
481 Mich. 885 (Mich. 2008)
Case details for

Benefiel v. Auto-Owners

Case Details

Full title:ROBERT E. BENEFIEL, Plaintiff-Appellee, v. AUTO-OWNERS INSURANCE COMPANY…

Court:Supreme Court of Michigan

Date published: May 30, 2008

Citations

481 Mich. 885 (Mich. 2008)