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Romain v Insurance Services Construction

Michigan Supreme Court Docket No. 135546
COA Docket No. 278591

Dec 23, 2008

Argument:
A. The Legislature Did Not Intend to Impose a Legal Duty Requirement
B. There is no conflict between "Proximate Cause" in Section 6304(8) and other Statutory Provisions
C. The is no indication that MCL 600.6304 was intended to Codify the Common Law Doctrine of Negligence, but in any event, a Finding of a Duty is not a prerequisite to a Finding of Fault for Purposes of Section 600.6304