April 9, 2013, Introduced by Reps. Schmidt, Kandrevas and Irwin and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2959 (MCL 600.2959), as amended by 2012 PA 608.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2959. (1) In an action based on tort or another legal
theory seeking damages for personal injury, property damage, or
wrongful death, the court shall reduce the damages by the
percentage of comparative fault of the person upon whose injury or
death the damages are based as provided in section 6306 or 6306a,
as applicable. If that person's percentage of fault is greater than
the aggregate fault of the other person or persons, whether or not
parties to the action, the court shall reduce economic damages by
the percentage of comparative fault of the person upon whose injury
or death the damages are based as provided in section 6306 or
6306a, as applicable, and noneconomic damages shall not be awarded.
(2) In an action described in subsection (1), whether a
condition is open and obvious may be considered by the trier of
fact only in assessing the degree of comparative fault, if any, and
shall not be considered with respect to any other issue of law or
fact, including duty.