Mich. Supreme Court Clarifies Comparative Fault Law

LANSING, Mich. - Michigan's Supreme Court used a dispute over interlocutory appeal in a mold action to eliminate a conflict in case law and clarify that Michigan's comparative fault law requires that a duty be proved before a court can consider proximate cause or apportion fault. Romain v. Frankenmuth Mutual Insurance Co., et al., No. 135546 (Mich. Sup. Ct.).

The court first addressed the issue in its July 23 en banc opinion, before granting a rehearing and re-issuing it as the 4-3 majority opinion on March 31.

The majority reiterated its position in the new order that the Michigan …