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GERLING KONZERN ALLGEMEINE VERSICHERUNGS AG v. LAWSON

Docket No. 122938. COA No. 1.

693 N.W.2d 149 (2005)

472 Mich. 44

GERLING KONZERN ALLGEMEINE VERSICHERUNGS AG, subrogee of Regents of the University of Michigan, Plaintiff-Appellant, v. Cecil R. LAWSON and American Beauty Turf Nurseries, Inc., jointly and severally, Defendants-Appellees.

Supreme Court of Michigan.

Decided March 8, 2005.

Attorney(s) appearing for the Case

Lacey & Jones (by Michael T. Reinholm), [Birmingham,] for the plaintiff.

G.W. Caravas & Associates, P.C. (by Gary W. Caravas) [Clinton Twp.,], and Kopla, Landau & Pinkus (by Mark L. Dolin) [Farmington Hills,] for the defendants.

John P. Jacobs, P.C. (by John P. Jacobs), [Detroit,] for amicus curiae the Detroit Edison Company.

MARKMAN, J.

This case requires that we consider whether a plaintiff, who has settled an underlying tort claim with an injured party, may subsequently proceed on a contribution action against a defendant whom the plaintiff alleges was a joint tortfeasor whose negligence constituted a proximate cause of the underlying plaintiff's injuries. Defendants argue that tort reform legislation in 1995, specifically MCL 600.2956, MCL 600.2957, and MCL 600.6304, has abrogated...

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