REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.2956 Several and joint liability.
Sec. 2956.
Except as provided in section 6304, in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each defendant for damages is several only and is not joint. However, this section does not abolish an employer's vicarious liability for an act or omission of the employer's employee.
History: Add. 1995, Act 161, Eff. Mar. 28, 1996
Notes of Decisions
Laurel Woods Apts. v. Roumayah, 734 N.W.2d 217 (Mich. Ct. App. 2007).
· cites it 28× “Defendants also asserted that Najah Roumayah could not be liable because there was no question of fact regarding whether he caused the fire, and joint and several liability was in violation of MCL 600.2956 and public policy. *219 Defendants also asserted that while the evidence…”
Zahn v. Kroger Co. of Michigan, 764 N.W.2d 207 (Mich. 2009).
· cites it 28× “Instead, Cimarron contends that MCL 600.2956 effectively limits the application of express contractual indemnification clauses, because the statute mandates that parties may only be held responsible for their own pro rata share of the negligence.”
Gerling Konzern Allgemeine Versicherungs AG v. Lawson, 693 N.W.2d 149 (Mich. 2005).
· cites it 18× “Defendants argue that tort reform legislation in 1995, specifically MCL 600.2956, MCL 600.2957, and MCL 600.6304, has abrogated plaintiff's contribution action because, had the underlying tort action proceeded to trial, the jury or judge would have been required to allocate…”
Velez v. Tuma, 821 N.W.2d 432 (Mich. 2012).
· cites it 6× “It has a long-acquired meaning that is well established in our jurisprudence: “[]Where multiple tortfeasors caused a single or indivisible injury, the injured party [may] either sue all tortfeasors jointly or he [may] sue any individual tortfeasor severally, and each individual…”
Driver v. Naini, 802 N.W.2d 311 (Mich. 2011).
· cites it 4× “RESPONSE TO THE DISSENT Although the dissent accuses the majority of misinterpreting the statutes at issue, it is obvious from the dissent’s dire attempt to save plaintiff’s claim that it is in fact the dissent that misconstrues the statutory framework governing medical…”
Ormsby v. Capital Welding, Inc, 684 N.W.2d 320 (Mich. 2004).
· cites it 2× “However, an injured individual can recover only from a party that can be held legally liable.”
Valcaniant v. Detroit Edison Co., 679 N.W.2d 689 (Mich. 2004).
· cites it 2× “§ 600.2956. Here, it is reasonably foreseeable that heavy equipment, such as the raised bed of a dump truck, would contact an overhead electrical line, causing injury.”
Greenwich Ins. v. Hogan, 351 F. Supp. 2d 736 (W.D. Mich. 2004).
· cites it 6× “See MCL §§ 600.2956, 600.2957 and 600.6304; Smiley v.”
Markley v. Oak Health Care Investors of Coldwater, Inc, 660 N.W.2d 344 (Mich. Ct. App. 2003).
· cites it 2× “” Assuming here for the moment that defendants are jointly and severally liable for decedent’s wrongful death and that the common-law rule of setoff is applicable, it is clear that the $300,000 verdict would be reduced by the $220,000 settlement payment made by Community to…”
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