This edition contains our annual review of significant cases from the Michigan courts. A number of Michigan trial courts invalidated the caps on damage awards set forth in the tort reform legislation of 1996. The Michigan Supreme Court also made significant rulings concerning exceptions to the governmental immunity statute and concerning the constructive notice requirement in premises liability actions.
Case Law Interpreting Tort Reform Caps On Damages
In 1996, the Michigan legislature passed several tort reform measures which set caps on non-economic loss (damages or loss due to pain and suffering or physical impairment or disfigurement) in medical malpractice and product liability actions. See M.C.L. ¤ 600.1483 and ¤ 600.2946a. Essentially, these provisions capped damages for non-economic loss at $280,000 (or $500,000 for death due to a product defect or for permanent loss of a vital bodily function due to a product defect or medical malpractice).
