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RODRIGUEZ v. A.S.E. INDUSTRIES, INC.

Docket No. 133686. COA No. 263930.

739 N.W.2d 333 (2007)

Raquel RODRIGUEZ, Plaintiff-Appellee, and Pacific Employers Insurance, Intervening Plaintiff-Appellee, v. A.S.E. INDUSTRIES, INC., Defendant, Cross-Plaintiff-Appellant, and American Axle & Manufacturing Holdings, Inc., and American Axle & Manufacturing, Inc., Defendants, Cross-Defendants, and Design Systems, Inc., Innovative Engineering, Inc., and PMI Management Group, Inc., Defendants.

Supreme Court of Michigan.

October 12, 2007.

On order of the Court, the application for leave to appeal the March 22, 2007 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issues: (1) whether the trial court properly made independent findings in avoidance of the cap on non-economic damages provided for in MCL 600.2946a(1) after the jury had made contrary findings; and (2) if the damages cap applies, whether the trial court properly applied the apportionment of fault between defendant...

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