MI Bar Practice Questions - Michigan Bar Examination Exam

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In a Michigan personal-injury action, the jury finds the plaintiff 55% at fault and the defendant 45% at fault. Under Michigan's modified comparative-fault statute (MCL 600.2959), what may the plaintiff recover for NONECONOMIC damages?

45% of her noneconomic damages Her full noneconomic damages with no reduction Nothing, because a plaintiff who is more than 50% at fault is barred from noneconomic damages 55% of her noneconomic damages

Correct Answer:

Nothing, because a plaintiff who is more than 50% at fault is barred from noneconomic damages

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