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Comparative "Fault" Cannot be apportioned to a Nonparty in a Tort Action without Proof That the Nonparty Owed a Duty to the Plaintiff |
April 30, 2009
Previously published on April 2009
Until recently, lower courts in Michigan had split on the issue whether a defendant in a tort action could seek to apportion fault to a nonparty under Michigan's comparative fault statutes, MCL 600.2957 and 600.6304, without first establishing that the nonparty owed a legal duty to the plaintiff.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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