M Civ JI 14.02 Willful and Wanton Misconduct - Common Law [ Instruction Deleted ]

Comment

Comparative fault should be applied in all actions filed on or after March 28, 1996, that are based on tort or another legal theory and seek damages for personal injury, property damage, or wrongful death. 1995 PA 249 (MCL 600.2957). Fault is defined to include “an act, an omission, conduct, including intentional conduct, a breach of warranty, or a breach of a legal duty, or any conduct that could give rise to the imposition of strict liability, that is a proximate cause of damage sustained by a party.” 1995 PA 249 (MCL 600.6304(8)).

Prior law held that comparative negligence should be applied in all common-law tort actions sounding in negligence where defendant’s misconduct falls short of being intentional. Vining v Detroit, 162 Mich App 720; 413 NW2d 486 (1987); lv denied, 430 Mich 892 (1988).

History

Deleted July 1988.