REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.6312 Joint and several liability.
Sec. 6312.
A defendant that is found liable for an act or omission that causes personal injury, property damage, or wrongful death is jointly and severally liable if the defendant's act or omission is any of the following:
(a) A crime, an element of which is gross negligence, for which the defendant is convicted.
(b) A crime, an element of which is the use of alcohol or a controlled substance, for which the defendant is convicted and that is a violation of 1 or more of the following:
(i) Conduct that violated former section 14 of the explosives act of 1970, 1970 PA 202.
(ii) Section 111 of the Michigan code of military justice of 1980, 1980 PA 523, MCL 32.1111.
(iii) Section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625.
(iv) Section 185 of the Aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.185.
(v) Section 80176, 81134, or 82127 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80176, 324.81134, and 324.82127.
(vi) Section 353 of the railroad code of 1993, 1993 PA 354, MCL 462.353.
(vii) Section 237 of the Michigan penal code, 1931 PA 328, MCL 750.237.
History: Add. 1995, Act 249, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 28, Eff. May 22, 2018
Notes of Decisions
Hashem v. Les Stanford Oldsmobile, Inc, 697 N.W.2d 558 (Mich. Ct. App. 2005).
· cites it 13× “MCL 600.6312 provides, in relevant part: A defendant that is found liable for an act or omission that causes personal injury, property damage, or wrongful death is jointly and severally liable if the defendant’s act or omission is any of the following: (b) A crime involving the…”
Romain v. Frankenmuth Mut. Ins., 762 N.W.2d 911 (Mich. 2009).
· cites it 2× “This subsection and section 2956 do not apply to a defendant that is jointly and severally liable under [MCL 600.6312]. * * * (8) As used in this section, "fault" includes an act, an omission, conduct, including intentional conduct, a breach of warranty, or a breach of a legal…”
Kaiser v. Allen, 746 N.W.2d 92 (Mich. 2008).
· cites it 2× “6304(6)(a); MCL 600.6312. [5] MCL 257.401(1). [6] Id.”
Smiley v. Corrigan, 638 N.W.2d 151 (Mich. Ct. App. 2002).
“6304(6); MCL 600.6312. 6 For a scholarly discussion of these issues, see Wright, Allocating liability among multiple responsible causes: A principled defense of joint and several liability for actual harm and risk eocposure, 21 U C Davis L R 1141 (1988); Twerski, The joint…”
Kokx v. Bylenga, 617 N.W.2d 368 (Mich. Ct. App. 2000).
“MCL 600.6312; MSA 27A.6312. 4 Added by 1995 PA 161 and amended by 1995 PA 249 .”
Napier v. Osmose, Inc., 399 F. Supp. 2d 811 (W.D. Mich. 2005).
· cites it 2× “In their motion, the defendants argue that application of a concert of action theory in this case would contravene the intent of the Michigan legislature to bar joint and several liability.”
K.S. v. Detroit Pub. Schs., 153 F. Supp. 3d 970 (E.D. Mich. 2015).
“6304 (6) (medical malpractice cases); § 600.6312 (certain criminal acts); Kaiser v.”
Jill White v. Diva Nails LLC (Mich. Ct. App. 2020).
“MCL 600.6312 allows joint and several liability in tort cases in which a defendant’s act or omission is (1) “a crime, an element of which is gross negligence, for which the defendant is convicted, “ or (2) “a crime, an element of which is the use of alcohol or a controlled…”
Thomas Tibble v. Am. Physicians Capital Inc (Mich. Ct. App. 2014).
“2956] do not apply to a defendant that is jointly and severally liable under [MCL 600.6312]. *** -52- (8) As used in this section, “fault” includes an act, an omission, conduct, including intentional conduct, a breach of warranty, or a breach of a legal duty, or any conduct that…”
— Mich. Comp. Laws § 600.6312(b) — 1 case
Hashem v. Les Stanford Oldsmobile, Inc, 697 N.W.2d 558 (Mich. Ct. App. 2005).
“MCL 600.6312 provides, in relevant part: A defendant that is found liable for an act or omission that causes personal injury, property damage, or wrongful death is jointly and severally liable if the defendant’s act or omission is any of the following: (b) A crime involving the…”
— Mich. Comp. Laws § 600.6312(b)(iii) — 1 case
Hashem v. Les Stanford Oldsmobile, Inc, 697 N.W.2d 558 (Mich. Ct. App. 2005).
“MCL 600.6312 provides, in relevant part: A defendant that is found liable for an act or omission that causes personal injury, property damage, or wrongful death is jointly and severally liable if the defendant’s act or omission is any of the following: (b) A crime involving the…”
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