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PHILLIPS v. MIRAC, INC.

Docket No. 227257.

651 N.W.2d 437 (2002)

251 Mich. App. 586

Margaret PHILLIPS, Personal Representative of the Estate of Regeana Diane Hervey, deceased, Plaintiff-Appellee, v. MIRAC, INC., Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 7, 2002, at 9:05 a.m.

Released for Publication September 10, 2002.

Attorney(s) appearing for the Case

Trogan & Trogan, P.C. (by Nicholas R. Trogan, III), Saginaw, for the plaintiff.

Plunkett & Cooney, P.C. (by Ernest R. Bazzana and Hans H.J. Pijls), Detroit, for the defendant.

Before: GAGE, P.J., and HOEKSTRA and METER, JJ.

HOEKSTRA, J.

In this appeal, we must determine whether the statutory cap on recoverable damages set forth in M.C.L. § 257.401(3) violates the Michigan Constitution. This provision limits a plaintiff's recovery in an action against a lessor of a motor vehicle, absent negligence by the lessor, when bodily injury or death occurs from an accident involving a motor vehicle leased for thirty days or less. We find that the...

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