Piper v. Pettibone Corp.

542 N.W.2d 269, 450 Mich. 565 (1995)

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Piper v. Pettibone Corp.

Michigan Supreme Court
542 N.W.2d 269, 450 Mich. 565 (1995)

Facts

In October 1986, Robert Piper (plaintiff) was injured by a tow vehicle during his employment with Chrysler Corporation (defendant). Piper received disability and medical benefits from Chrysler as a result of the accident in the sum of $278,461.81. Chrysler secured a statutory lien against the amount recovered by Piper. Piper and his spouse (plaintiff) sued the manufacturer of the tow vehicle, Pettibone Corporation (defendant), in a products-liability action. Chrysler was added as an intervening party after filing a notice that it held a workers’-compensation lien. Piper settled with Pettibone for $75,000, an amount much less than the lien. After Piper and Chrysler could not agree on an amount to pay Chrysler, Piper moved for an apportionment order and proposed that the circuit court grant Chrysler 5 percent. The circuit court directed that Chrysler receive 4 percent of the settlement amount. The court of appeals affirmed. Chrysler appealed, requesting recovery of at least one-third of the settlement amount or another equitable amount.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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