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PHILLIPS v. MIRAC, INC.

Docket No. 121831, Calendar No. 4.

685 N.W.2d 174 (2004)

470 Mich. 415

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

Supreme Court of Michigan.

Decided July 6, 2004.

Attorney(s) appearing for the Case

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

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

Kerr, Russell and Weber, P.L.C. (by Richard D. Weber and Joanne Geha Swanson), Detroit, MI, amici curiae for the Michigan State Medical Society.

Clark Hill P.L.C. (by F. R. Damm and Paul C. Smith), Detroit, MI, and Shook, Hardy & Bacon L.L.P. (by Victor E. Schwartz, Mark A. Behrens, and Phil S. Goldberg), (Sherman Joyce, of counsel), Washington, D.C., amici curiae for the American Tort Reform Association.

Opinion

TAYLOR, J.

In this case, we granted leave to appeal to consider whether MCL 257.401(3), which caps the amount of a lessor's liability in motor vehicle leases of thirty days or less, violates plaintiff's rights under the Michigan Constitution to a jury trial,1 equal protection,2 or due process.3 We hold that this damages cap does not implicate plaintiff's right...

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