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No. 122938
| Gerling Konzern Allgemeine Versicherungs |
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Michael T. Reinholm (248) 433-1414 |
Ag, Subrogee of the University of |
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Michigan Regents, |
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Plaintiff-Appellant, |
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vs (Appeal from Ct of Appeals) |
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(Washtenaw - Connors, T.) |
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| Cecil R. Lawson and American |
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Gary W. Caravas (586) 791-7046 |
Beauty Turf Nurseries, Inc., |
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Defendants-Appellees. |
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| ____________________________________ |
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Click to view briefs in Adobe format:
Briefs on Resubmission:
Defendants-Appellees' Supplemental Brief on Appeal>>
Detroit Edison Company's Amicus Curiae Brief>>
Order
07/28/04>>
(set for reargument and resubmission at 10/04 session)
Plaintiff-Appellant's Brief on Appeal>>
Defendants-Appellees' Brief on Appeal>>
Background
This case arises out of a three-way auto accident. One of the vehicles involved was owned by the University of Michigan Regents and driven by the University's employee. A second vehicle was driven by defendant Cecil R. Lawson and owned by defendant American Beauty Turf Nurseries, and a third vehicle contained Ricki Ash and James Nicastri, who were seriously injured in the accident. Ash and Nicastri sued the University, and their cases were settled. Gerling Konzern Allgemeine Versicherungs AG, the University's insurer, paid the settlements, and then sued Lawson and his employer, claiming that the University paid more than its share of their common liability. The Court of Appeals held that such claims for contribution are no longer available as a result of the 1995 tort reform legislation. Gerling Konzern appeals. This case is before the Court for the second time. The case was argued on April 21, 2004 ; in July, the Supreme Court directed the parties to appear for reargument.
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