LINDA OSMAN V EDDIE JULIO CASE

 Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS LINDA OSMAN, UNPUBLISHED November 7, 2000 Plaintiff-Appellant, v EDDIE JULIO CASE, VIRGINIA NELSON CASE, and CANNONSBURG MARKET, INC., No. 223145 Kent Circuit Court LC No. 98-013109-NI Defendants-Appellees. Before: Jansen, P.J., and Doctoroff and O’Connell, JJ. PER CURIAM. Plaintiff appeals as of right from an October 13, 1999, Kent Circuit Court order granting summary disposition in defendants’ favor on the ground that MCL 500.3135(2)(c); MSA 24.13135(2)(c) barred plaintiff’s action. We affirm. Plaintiff sustained injuries when a vehicle that defendant Eddie Case was driving, while in the course of his employment with defendant Cannonsburg Market, struck her vehicle. Plaintiff then brought suit against defendants to recover damages for her alleged serious impairment of body function and permanent, serious disfigurement that she sustained in the accident. Defendants moved for summary disposition on the ground that MCL 500.3135(2)(c); MSA 24.13135(2)(c) barred plaintiff’s suit because plaintiff’s automobile insurance policy had lapsed one week before the accident. Plaintiff responded with a challenge to the constitutionality of the statutory provision. The trial court upheld its constitutionality and granted summary disposition in favor of defendants. Plaintiff now challenges the trial court’s determination that MCL 500.3135(2)(c); MSA 24.13135(2)(c) was constitutional. This Court’s recent decision in Stevenson v Reese, 239 Mich App 513; 609 NW2d 195 (2000), is dispositive. In Stevenson, this Court concluded that MCL 500.3135(2)(c); MSA 24.13135(2)(c) violated neither the Equal Protection nor the Due Process Clauses of the -1­ Michigan Constitution. Id., 517-520. We follow Stevenson. Affirmed. /s/ Kathleen Jansen /s/ Martin M. Doctoroff /s/ Peter D. O’Connell -2­

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.