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KAISER v. ALLEN

Docket No. 133031. Calendar No. 6.

746 N.W.2d 92 (2008)

Roland KAISER, Personal Representative of the Estate of Marion Kaiser, Deceased, Plaintiff-Appellee v. James Robert ALLEN, a/k/a James Krotzer, Defendant-Appellant.

Supreme Court of Michigan.

Decided March 26, 2008.

Attorney(s) appearing for the Case

Rieman & Reyes (by Kevin J. Rieman), Bay City, for Roland Kaiser.

John A. Lydick, Bingham Farms, for James R. Allen.

Debra A. Garlinghouse, Southfield, for the Michigan Association of Justice, amicus curiae.

OPINION

WEAVER, J.

At issue in this case is whether the 1995 tort-reform amendments of MCL 600.2957(1) and MCL 600.6304(1) abrogate the common-law setoff rule in automobile accident cases in which the owner of the vehicle is vicariously liable for the operator's negligence.

We reverse the Court of Appeals holding that the common-law setoff rule does not apply. To the extent that joint and several liability principles have not been abrogated by statute...

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