Bill Text: MI HB5744 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Torts; defenses; openness and obviousness of condition; establish as issue of comparative fault only. Amends sec. 2959 of 1961 PA 236 (MCL 600.2959).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-06-30 - Referred To Second Reading [HB5744 Detail]

Download: Michigan-2009-HB5744-Introduced.html

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HOUSE BILL No. 5744

 

January 13, 2010, Introduced by Rep. Kandrevas and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 2959 (MCL 600.2959), as added by 1995 PA 161.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2959. (1) In an action based on tort or another legal

 

theory seeking damages for personal injury, property damage, or

 

wrongful death, the court shall reduce the damages by the

 

percentage of comparative fault of the person upon whose injury or

 

death the damages are based as provided in section 6306. If that

 

person's percentage of fault is greater than the aggregate fault of

 

the other person or persons, whether or not parties to the action,

 

the court shall reduce economic damages by the percentage of

 

comparative fault of the person upon whose injury or death the

 

damages are based as provided in section 6306, and noneconomic

 

damages shall not be awarded.

 

     (2) In an action described in subsection (1), whether a

 

condition is open and obvious may be considered by the trier of

 

fact only in assessing the degree of comparative fault, if any, and

 

shall not be considered with respect to any other issue of law or

 

fact, including duty.