Schmelling v Whitty et al

Court of Appeals Interprets Notice of Non-Party Fault Offset to Apply Even if Party at Fault Cannot Be Liable in Suit

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The Court of Appeals here confirms my thinking that even if a party would not be liable in suit, e.g., as a governmental entity for immunity or for some other reason (in this case the exclusive remedy provision of the Workmens’ Compensation Disability Act), a defendant can still attribute “fault” to that party for purposes of offset under Michigan's Comparative Fault scheme. To my knowledge this has not been applied in the immunity setting, but the purpose of the notice of non-party fault provision and the offset would seem to apply vis-à-vis the defendant giving the notice regardless. Interesting issue. The Court of Appeals seems to agree. See the highlighted section. Thanks and please do not hesitate to contact me if you have any questions. Carson Tucker

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Law Offices of Carson J. Tucker, JD, MSEL on:

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