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KLINKE v. MITSUBISHI MOTORS CORP.

Docket Nos. 107730-107732, Calendar No. 2.

581 N.W.2d 272 (1998)

458 Mich. 582

James E. KLINKE, Personal Representative for the Estate of Kimberly Marie Klinke, deceased, Plaintiff-Appellant, Cross-Appellee, v. MITSUBISHI MOTORS CORPORATION, Defendant-Appellee, Cross-Appellant, and Chrysler Corporation and John Colone Chrysler-Plymouth-Dodge, Inc., Defendants.

Supreme Court of Michigan.

Decided July 31, 1998.

Attorney(s) appearing for the Case

R. Stephen Olsen and V. Carl Shaner, Ann Arbor, for the plaintiff-appellant.

Dykema, Gossett, P.L.L.C. (by Craig L. John and Mary E. Royce), Bloomfield Hills, for the defendants.

Lee R. Franklin, Detroit, for Michigan Trial Lawyers Association.

John P. Raleigh and Susan L. Barnowski, Berkley; Hugh F. Young, Jr., of counsel, Reston, VA, for Product Liability Advisory Council, Inc.

Clark, Hill, P.L.C. (by J. Walker Henry and Duane L. Tarnacki), Detroit, for Michigan Manufacturers Association.

Opinion

WEAVER, Justice.

We granted leave to decide whether the Michigan Vehicle Code's seat belt statute, which makes evidence of a plaintiff's failure to use a seat belt admissible and imposes a five-percent cap on reduction in comparative negligence, is applicable in a products liability action against an automobile manufacturer. We conclude that the Michigan Vehicle Code statute, with its five-percent cap on damages reduction, is not applicable in a...

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