Rodriguez & Pacific Employers Insurance v A.S.E. Industries, Inc.,

Michigan Supreme Court Case No. 133686
Court of Appeals Case No. 263930

Dec 28, 2007

Argument:

I. An interpretation of MCL 600.2946a(3) which permits the trial court to substitute its judgement for the jury's verdict usurps the jury's fundamental fact-finding power and nullifies various court rules and statutes.

II. An Examination of MCL 600.2946a(1) in conjunction with MCL 600.2957 and 600.6304 regarding allocation of fault mandates that in calculating damages, the damages cap must be applied first before fault is apportioned.