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DEP'T. OF TRANSPORTATION v. THRASHER

Docket No. 95199, (Calendar No. 8).

446 Mich. 61 (1994)

521 N.W.2d 214

DEPARTMENT OF TRANSPORTATION v. THRASHER

Supreme Court of Michigan.

Decided August 2, 1994.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Brenda E. Turner, Assistant Attorney General, for the Department of Transportation.

Read & Sharp (by John W. Sharp) for defendants Thrasher and Bergdoll.

Hoffman & Hoffman (by Robert L. Hoffman) for defendants Johnston.

Amicus Curiae:

Bodman, Longley & Dahling (by Jerold Lax) for Michigan Municipal Liability and Property Pool.

BOYLE, J.

The issue presented in this case is whether MCL 600.6304; MSA 27A.6304 permits the factfinder in a personal injury action to consider the fault of settling tortfeasors. A comparison of MCL 600.6304; MSA 27A.6304 to its legislative roots, the Uniform Comparative Fault Act and House Bill No. 5154, confirms the Court of Appeals conclusion that the statute does not allow for such factfinder consideration.

I

FACTS

This action for a declaratory...

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