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WILMORE-MOODY v. ZAKIR

No. 163116.

999 N.W.2d 1 (2023)

511 Mich. 76

Adora WILMORE-MOODY, Individually and as Next Friend of Daimler Aaku, Plaintiff/Counterdefendant-Appellee, v. Mohammed ZAKIR, Defendant-Appellant, and Everest National Insurance Co., Defendant/Counterplaintiff-Appellee, and PDB Investments & Insurance Co., Michigan Assigned Claims Plan, and Michigan Automobile Insurance Placement Facility, Defendants.

Supreme Court of Michigan.

Decided May 31, 2023.

Attorney(s) appearing for the Case

The Mike Morse Law Firm, Southfield (by Keith M. Banka and Marc J. Mendelson ) for Adora Wilmore-Moody.

Foster Swift Collins & Smith PC (by Julie I. Fershtman , Detroit and Scott L. Mandel , Lansing) for Mohammed Zakir.

Nadia Ragheb-Gonzalez for the Michigan Association for Justice, amicus curiae.

Jacobs and Diemer, PC (by Eric P. Conn) for the Michigan Defense Trial Counsel, amicus curiae.

BEFORE THE ENTIRE BENCH (except Bolden, J.).

OPINION

Under Michigan's no-fault act, MCL 500.3101 et seq., a person injured in an automobile accident typically may file two different actions: a claim against the responsible insurer for "first-party benefits" such as medical expenses, work loss, and replacement services, and a claim against the at-fault driver for...

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