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BYWATER v. BYWATER

Docket No. 66843.

128 Mich. App. 396 (1983)

340 N.W.2d 102

BYWATER v. BYWATER

Michigan Court of Appeals.

Decided August 31, 1983.

Attorney(s) appearing for the Case

Smith, Johnson & Demlow, Attorneys, P.C. (by Donald A. Brandt), for plaintiff.

Anderson, Hay & Wonch, P.C. (by Timothy A. O'Rourke), for defendant.

Before: M.J. KELLY, P.J., and SHEPHERD and R.I. COOPER, JJ.

SHEPHERD, J.

Defendant brings this interlocutory appeal from the trial court's declaratory order ruling that proceeds of a settlement agreement in a personal injury action did not constitute a marital asset subject to equitable distribution in divorce proceedings. Such proceeds were entirely for plaintiff's pain and suffering. We hold that a personal injury award for one spouse's pain and suffering is a marital asset subject to the equitable jurisdiction of the trial...

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