A Lesson in Division: When an Injury Can be Apportioned to Multiple Defendants

This case illustrates when multiple defendant drivers are liable for accidental bodily injuries to a plaintiff, a plaintiff’s injuries can potentially be apportioned according to fault. While the facts of the underlying case will have to be specific, this ruling complicates an insurer’s ability to setoff amounts paid or payable by another liable party in actions involving UM claims.

MCL 600.2956 provides for several liability in tort actions seeking damages for personal injury. As a result, each defendant is responsible only for his or her percentage of fault. See MCL 600.6304(4).

Whether an injury is divisible is a question of fact.

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