Kaiser v. Allen

• Decision Date: 13 April 2007
• Docket Number: COA No. 264600.,Docket No. 133031.
• Citation: Kaiser v. Allen, 729 N.W.2d 518, 477 Mich. 1097 (Mich. 2007)
• Parties: Roland KAISER, Personal Representative of the Estate of Marion Rose Kaiser, Deceased, Plaintiff-Appellee, v. James Robert ALLEN, a/k/a James Krotzer, Defendant-Appellant.
• Court: Michigan Supreme Court

729 N.W.2d 518

477 Mich. 1097

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

Docket No. 133031.

COA No. 264600.

Supreme Court of Michigan.

April 13, 2007.

On order of the Court, the application for leave to appeal the October 31, 2006 judgment of the Court of Appeals is considered, and it is GRANTED.The parties shall include among the issues to be briefed: (1) the interrelationship between MCL 600.2957(1), which allocates liability "in direct proportion to the person's percentage of fault," and MCL 257.401(1), which imposes vicarious liability on a motor vehicle owner that is not based on the owner's fault; and (2) the effect, if any, of the jury's damage award against the defendant driver of $100,000, which, according to the jury verdict form, was "the total amount of damages...