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ULLERY v. SOBIE

Docket No. 118957.

196 Mich. App. 76 (1992)

492 N.W.2d 739

ULLERY v. SOBIE

Michigan Court of Appeals.

Approved for publication September 17, 1992, at 9:05 A.M.

Attorney(s) appearing for the Case

Rhoades, McKee, Boer, Goodrich & Titta (by Bruce W. Neckers and James L. Schipper), for the plaintiff.

Nelson & Kreuger, P.C. (by Steven L. Kreuger), for the defendant.

Before: MARILYN KELLY, P.J., and DOCTOROFF and GRIFFIN, JJ.

PER CURIAM.

Defendant Robert A. Sobie appeals as of right from a judgment entered in favor of plaintiff, Brenda Lee Ullery. Plaintiff was injured by defendant in an automobile collision. She was not wearing a seat belt. Michigan law limits the reduction of recoverable damages available to plaintiff due to her failure to wear a seat belt to no more than five percent. Defendant argues on appeal that the statute is unconstitutional. MCL 257.710e(5); MSA 9.2410(5)(5)...

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