Cameron v. Auto Club Ins. Ass'n
Cameron v. Auto Club Ins. Ass'n
Opinion of the Court
We granted leave in this case to determine whether the minority/insanity tolling provision of the Revised Judicature Act (RJA), MCL 600.5851(1), applies to toll the “one-year-back rule” in MCL 500.3145(1) of the no-fault automobile insurance act.
We affirm the Court of Appeals determination that defendant is entitled to summary disposition, but on narrower grounds. To decide this matter, the Court of Appeals only needed to address whether MCL 600.5851(1) tolls the one-year-back provision in MCL 500.3145(1). Because we conclude that MCL 600.5851(1) cannot toll the one-year-back rule, and all damages sought here were for more than one year back, no damages could be recovered and that disposes of this matter. Accordingly, it was dicta for the Court of Appeals to address the effect of MCL 600.5851(1) on the statute of limitations in MCL 500.3145(1) and we vacate that portion of its ruling while affirming its conclusion that defendant is entitled to summary disposition in this case.
Daniel Cameron, a minor, suffered a closed head injury resulting in a cognitive disorder when an automobile struck his bicycle in 1996. At the time of the accident, Daniel’s parents maintained a no-fault automobile insurance policy with defendant Auto Club Insurance Association under which Daniel was eligible for coverage. In 2002, when Daniel was 16 years old, his parents filed suit on his behalf seeking PIP benefits for attendant care rendered to Daniel from August 1996 to August 1999.
Defendant moved for summary disposition, arguing that plaintiffs’
Defendant appealed to the Court of Appeals, which reversed.
This Court granted plaintiffs’ application for leave to appeal.
II. STANDARD OF REVIEW
We review de novo a trial court’s grant or denial of a motion for summary disposition.
III. ANALYSIS
As stated above, plaintiffs filed suit in 2002, seeking no-fault automobile insurance benefits for attendant care rendered to Daniel from August 1996 to August 1999. Defendant asserts that this action is barred by MCL 500.3145(1), which provides in relevant part:
An action for recovery of personal protection insurance benefits payable under this chapter for accidental bodily injury may not be commenced later than 1 year after the date of the accident causing the injury unless written notice of injury as provided herein has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment of personal protection insurance benefits for the injury. If the notice has been given or a payment has been made, the action may be commenced at any time within 1 year after the most recent*61 allowable expense, work loss or survivor’s loss has been incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced. [Emphasis added.]
As we recently reiterated in Devillers v Auto Club Ins Ass’n
“(1) An action for personal protection insurance [PIP] benefits must be commenced not later than one year after the date of accident, unless the insured gives written notice of injury or the insurer previously paid [PIP] benefits for the injury.
“(2) If notice has been given or payment has been made, the action may be commenced at any time within one year after the most recent loss was incurred.
“(3) Recovery is limited to losses incurred during the one year preceding commencement of the action. ”[10]
Thus, an action for PIP benefits must be commenced within a year of the accident unless the insured gives written notice of injury or previously received PIP benefits from the insurer. If notice was given or payment was made, the action can be commenced within one year of the most recent loss. Recovery, however, is limited to losses incurred during the year before the filing of the action.
In the present case, although plaintiffs filed their complaint in 2002, more than one year after the date of the accident in 1996, defendant does not dispute that it either received written notice of injury or previously
In response, plaintiffs contend that the minority/insanity tolling provision in MCL 600.5851(1) applies to toll the one-year-back rule with regard to damages in MCL 500.3145(1) and, as a result, the losses incurred between August 1996 and August 1999 are recoverable. We disagree.
MCL 600.5851(1) provides in relevant part:
[I]f the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed through death or otherwise, to make the entry or bring the action although the period of limitations has run.
By its unambiguous terms, MCL 600.5851(1) concerns when a minor or person suffering from insanity may “make the entry or bring the action.” It does not pertain to the damages recoverable once an action has been brought. MCL 600.5851(1) then is irrelevant to the damages-limiting one-year-back provision of MCL 500.3145(1). Thus, to be clear, the minority/insanity tolling provision in MCL 600.5851(1) does not operate to toll the one-year-back rule of MCL 500.3145(1).
We note that in Geiger v Detroit Automobile Inter-Insurance Exch,
We believe this ruling was erroneous for the most uncomplicated reason; namely, that we must assume that the thing the Legislature wants is best understood by reading what it said. Because what was said in MCL 500.3145(1) and MCL 600.5851(1) is clear, no less clear is the policy. Damages are only allowed for one year back from the date the lawsuit is filed. We are enforcing the statutes as written.
Because we conclude that the minority/insanity tolling provision in MCL 600.5851(1) does not apply to the one-year-back rule in MCL 500.3145(1), we find it unnecessary in this case to reach the broader question whether the legislative amendments in 1993 PA 78 limit the applicability of the minority/insanity tolling provision to causes of action for which the applicable statute of limitations is set forth in the RJA. Because the Court of Appeals unnecessarily addressed this broader issue, its holding in this regard is vacated.
IV RESPONSE TO JUSTICES CAVANAGH AND KELLY
Justices CAVANAGH and KELLY choose to attack our law-driven conclusion by proffering reasons why they think the one-year back rule should be tolled for minors and insane persons. What they should be seen as arguing is that all the disciplines that judges, lawyers, and even lay people use for giving meaning to documents and distinguishing in a principled fashion between potentially conflicting instruments are to be disregarded and instead we are to raise our eyes from the tedious page, weigh who is the most compelling litigant, and “effect legislative intent.” This begs the question, to which they have no answer, of why the words the Legislature used do not do that better than their efforts to find the “real intent.” Moreover, with a system of mandatory automobile no-fault insurance such as the Legislature has enacted, it just may be, because of the economies required to make it work, that the Legislature’s “real intent” was to set up strict rules that can unfortunately, but unavoidably if you want no-fault insurance, produce some sad outcomes.
As an additional argument, Justices CAVANAGH and KELLY argue that the result reached by following the statutory language is “absurd” and contend, effectively, that we should rewrite the statutes in order to reach a result that better comports with their own personal policy preferences or, as they would have to describe it, what the Legislature must have really intended regardless of what it said. While they and Justice WEAVER urge us to revisit People v McIntire, 461 Mich 147; 599 NW2d 102 (1999), there is no reason for us to do so in this case. Whatever the wisdom of the rule, it would be dicta to discuss it here because, as Justice MARKMAN has aptly pointed out in his concurrence, the “absurd results” doctrine does not implicate the decision in this case because what was done by the Legislature was not absurd. The reason is that there are several conceivable explanations, as we have pointed out, why the Legislature could have intended the result the plain language of the statute requires. Thus, the result here is not absurd when properly understood and no discussion of the absurd results rule is germane.
In conclusion, as judges, we have read the statutes at issue without a thumb on the scale. We are willing to enforce what the Legislature has enacted. It is just plain wrong to say or imply that we are indifferent or hostile to the rights of the disabled. We are not. We are recognizing the rights that the lawgivers gave them, and no Court should do more or less.
V RESPONSE TO JUSTICE WEAVER
Justice WEAVER has argued in her dissent the inapplicability of the one-year-back rule to this case. We
But even if the record could be interpreted to support Justice WEAVER’S contention that plaintiffs relied on the minority/insanity tolling provision in MCL 600.5851(1) to extend the period for bringing their action, her conclusion that the one-year-back rule only applies in cases where plaintiffs take advantage of the later period of limitations that begins at the time of the most recent allowable expense is incorrect. This Court has consistently interpreted MCL 500.3145(1) as containing three distinct periods of limitations: two limitations on the time for filing suit (one provided in the first half of the first sentence of MCL 500.3145[1] that starts on the date of the accident, and a second, later one provided in the second sentence of MCL 500.3145[1] that starts at the time of the most recent allowable expense if the insured has given notice of injury or the insurer has previously paid benefits), and one limitation on the period for which benefits may be recovered (the one-year-back rule contained in the third sentence of MCL 500.3145[1]).
The language of MCL 500.3145(1) does not support Justice Weaver’s assertion that the second and third sentences of MCL 500.3145(1) do not set forth separate periods of limitations. The reason is that the first sentence plainly states that an action must be commenced within one year of the date of the accident unless notice is given or the insurer has previously paid benefits. The word “unless” is commonly defined as meaning “except under the circumstances that,” or “except; but; save.”
Justice WEAVER also argues that the one-year-back rule only applies to actions subject to the later period of limitations that begins on the date of the most recent
Although she does not directly reference it, Justice WEAVER appears to be relying on the last antecedent rule, which provides that a modifying clause is confined solely to the last antecedent.
VI. CONCLUSION
We hold that the minority/insanity tolling provision in MCL 600.5851(1), by its plain terms, only addresses when an action may be brought. Therefore, it does not apply to toll the one-year-back rule in MCL 500.3145(1) because that provision does not concern when an action may be brought but, instead, limits the amount of PIP benefits a person injured in an automobile accident may recover. Accordingly, the decision of the Court of Appeals reversing the trial court’s denial of defendant’s motion for summary disposition and remanding this case to the circuit court for entry of summary disposition in defendant’s favor is affirmed. However, because the Court of Appeals unnecessarily addressed the issue whether the legislative amendments of MCL 600.5851(1) in 1993 PA 78 render the minority/insanity tolling provision inapplicable to causes of action for which the statute of limitations is not set forth in the RJA, its analysis of that issue is vacated.
This rule limits the amount of personal protection insurance (PIP) benefits recoverable to those incurred within one year before the action was commenced.
Although Daniel’s parents filed suit on his behalf, we refer to them, rather than Daniel, as “plaintiffs” for ease of reference.
263 Mich App 95; 687 NW2d 354 (2004).
In holding this way, the Court noted that one aspect of the legislative amendments of MCL 600.5851 in 1993 PA 78 was to change the wording of the minority/insanity tolling provision in subsection 1 from stating that it applies to a person entitled to “bring an action” to stating that it applies to a person entitled to “bring an action under this act" (Emphasis added.) On the basis of this change, the panel concluded that the minority/insanity tolling provision in MCL 600.5851(1) does not apply to causes of action arising after October 1, 1993, the effective date of 1993 PA 78, for which the applicable statute of limitations is not provided in the RJA.
472 Mich 899 (2005).
Nastal v Henderson & Assoc Investigations, Inc, 471 Mich 712, 720; 691 NW2d 1 (2005).
Id.; Kreiner v Fischer, 471 Mich 109, 129; 683 NW2d 611 (2004).
473 Mich 562, 574; 702 NW2d 539 (2005).
10 Devillers, supra at 574, quoting Welton v Carriers Ins Co, 421 Mich 571, 576; 365 NW2d 170 (1985), overruled on other grounds in Devillers, supra (emphasis in Welton).
114 Mich App 283; 318 NW2d 833 (1982).
Devillers, supra at 588-589; Warda v Flushing City Council, 472 Mich 326, 340; 696 NW2d 671 (2005).
Phillips v Mirac, Inc, 470 Mich 415, 431-438; 685 NW2d 174 (2004).
Post at 96.
Id. at 97.
Id. at 98 n 10.
Const 1963, art 4, § 1.
Const 1963, art 6, § 1.
Post at 102.
Post at 103 n 12.
Defendant stated in its affirmative defenses that “Since notice was given, or payment has been previously made, Plaintiffs may not recover benefits for any alleged expenses incurred more than one (1) year before the date on which the action was commenced, pursuant to MCL 500.3145(1).” (Emphasis added.)
Devillers, supra at 574, quoting Welton, supra at 576.
It is baffling that Justice Weaver argues here that we should overrule Welton and Devillers, and change the interpretation given to MCL 500.3145(1) for over 20 years, given that she so often argues that we should leave erroneously decided cases intact simply because they are, in her words, “longstanding precedent.” Devillers, supra at 620 (WEAVER, J., dissenting). What is even stranger is that in Devillers this Court overruled part of Welton that was inconsistent with the statute, but Justice Weaver dissented on the ground that although Welton and its progeny were wrongly decided they should not be overruled because they had been in effect for a long time. Id. In this case, however, she argues that we should overrule another part of Welton with no concern whatsoever for how long it has been in effect. Moreover, she lobbies for the
Post at 105-106.
Random House Webster’s College Dictionary (2001).
Dessart v Burak, 470 Mich 37, 41; 678 NW2d 615 (2004); Sun Valley Foods Co v Ward, 460 Mich 230, 237; 596 NW2d 119 (1999).
People v Small, 467 Mich 259, 263 n 4; 650 NW2d 328 (2002), citing 2A Singer, Sutherland on Statutory Construction (6th ed), § 47.33, pp 369, 373.
Dessart, supra at 41. It is odd that Justice Weaver here attempts to overrule Devillers and Welton on the basis of the last antecedent rule when she has herself recently argued that the rule is “optional, not mandatory,” “ ‘not inflexible and uniformly binding,’ ” and inapplicable “ ‘[w]here the sense of the entire act requires that a qualifying word or phrase apply to several preceding or even succeeding sections.’ ” Dessart, supra at 44 (Weaver, J., concurring in the result), quoting 2A Singer, Sutherland on Statutory Construction (6th rev ed), § 433, p 372.
See Jarrad v Integon Nat’l Ins Co, 472 Mich 207, 218; 696 NW2d 621 (2005); Griffith v State Farm Mut Automobile Ins Co, 472 Mich 521, 539; 697 NW2d 895 (2005); Cruz v State Farm Mut Automobile Ins Co, 466 Mich 588, 597; 648 NW2d 591 (2002); Celina Mut Ins Co v Lake States Ins Co, 452 Mich 84, 89; 549 NW2d 834 (1996); O’Donnell v State Farm Mut Ins Co, 404 Mich 524, 547; 273 NW2d 829 (1979); Shavers v Attorney General, 402 Mich 554, 607-611; 267 NW2d 72 (1978).
Concurring Opinion
oconcurring). I concur in the majority’s analysis and conclusion that the minority/insanity tolling provision of the Revised Judicature Act, MCL 600.5851(1), does not toll the one-year-back rule of the no-fault automobile insurance act, MCL 500.3145(1).
(1) I am concerned that as a consequence of this decision, the protections afforded by the tolling provision may become increasingly illusory. This provision allows minors and insane persons to bring civil actions within one year after their legal disabilities have been removed. However, the one-year-back rule of the no-fault automobile insurance act allows such persons to recover only those losses incurred during the one year before the commencement of the action. In other words, although the tolling provision instructs minors and insane persons that they are entitled to wait until one year after their legal disabilities have been removed to bring their civil actions, if they do wait, they will only be allowed to recover what may be a portion of the total damages incurred.
(3) I am concerned that as a consequence of this decision, what is arguably the larger purpose of the tolling provision will be undermined. The tolling provision temporarily places the statute of limitations on hold for minors and insane persons. The purpose of tolling generally is to allow protected classes of persons an opportunity to be made whole once their disabilities have been removed. However, if the tolling provision in MCL 600.5851(1) does not also toll the one-year-back rule of MCL 500.3145(1), minors and insane persons will not necessarily be made whole. Rather than being allowed to recover all of the expenses incurred during their periods of tolling, these classes of individuals will be limited to only one year’s worth of compensation. This is a result inconsistent with most other statutory tolling provisions.
(4) Finally, I am concerned that as a consequence of this decision, it will border on legal malpractice for an attorney ever to recommend reliance on the
In the end, however, despite these concerns, I agree with the majority that the tolling provision of MCL 600.5851(1) does not toll the one-year-back rule of MCL 500.3145(1). I believe that this conclusion is mandated by the plain language of these statutes, and that there is at least an arguable rationale in support of the reasonableness of a statute producing this result. Moreover, I do not believe that I possess the judicial authority to impose what some, including myself, might view as a more “logical,” a more “rational,” or a more “consistent” structure for these statutes.
MCL 600.5851(1) provides, in pertinent part:
[I]f the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed through death or otherwise, to make the entry or bring the action although the period of limitations has run. [Emphasis added.]
MCL 500.3145(1) provides, in pertinent part:
[T]he claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced. [Emphasis added.]
It is a long-accepted principle of statutory construction that “[s]tatutes which may appear to conflict are to be read together and reconciled, if possible.” People v Bewersdorf, 438 Mich 55, 68; 475 NW2d 231 (1991). Although the two statutes in controversy may appear to
The tolling provision allows a protected person to “bring [an] action although the period of limitations has [otherwise] run” as long as the action is brought within one year after the legal disability of minority or insanity has been removed. At the same time, the one-year-back rule prohibits a person from “recovering] benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced.”
Although the tolling provision temporarily delays the operation of the statute of limitations, the one-year-back rule is plainly not a statute of limitations, and therefore is plainly not the subject of tolling. As the lead opinion in Howard v Gen Motors Corp, 427 Mich 358, 385-386; 399 NW2d 10 (1986) (holding that the one-year- and two-year-back rules of the Worker’s Disability Compensation Act are not statutes of limitations), explained:
Simply stated, they are not statutes that limit the period of time in which a claimant may file an action. Rather, they concern the time period for which compensation may be awarded once a determination of rights thereto has been made.
Moreover, the one- and two-year-back rules do not serve the same purposes as do typical statutes of limitations.
The rules do not perform the functions traditionally associated with statutes of limitations because they do not operate to cut off a claim, but merely limit the remedy obtainable. They do not disallow the action or the recovery— a petition may be filed long after an injury and benefits may be awarded in response thereto— they merely limit the award once it has been granted.
The tolling provision of MCL 600.5851(1) tolls the limitation that applies to the “bringing of an] action”; however, it does not toll the limitation that applies to the “recover[y of] benefits,” in particular the limitation set forth in MCL 500.3145(1). Accordingly, although a plaintiff may not be prohibited from “bringing] the action,” a plaintiff is prohibited from “recover[ing] benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced.”
I agree with the majority that the two statutes compel this conclusion. In the final analysis, this is not a conclusion that reflects the will of this Court, or that of individual justices, but one that reflects the will of the people of Michigan acting through their legislative representatives. The majority’s conclusion is the only one, in my judgment, that accords reasonable meaning to the actual language of the laws, as opposed to the language of the law that might have been enacted but never was. Only if this Court ignores, or contorts, the language of the one-year-back rule can it fairly be encompassed within the language of the tolling provision.
However, the “absurd results” rule must not be invoked whenever a court is merely in disagreement, however strongly felt, with the policy judgments of the Legislature. This, in my judgment, is essentially what Justice CAVANAGH does here sub silentio and what Justice KELLY does here expressly. Although the Court’s holding in this case maintains a law within our state that is contrary to that which seems to me most rational, and although I have doubts concerning whether individual members of the 71st Legislature genuinely had in mind this law,
Such a lawmaker, for example, might have intended these results in order to make no-fault insurance more affordable. See Griffith v State Farm Mut Automobile Ins Co, 472 Mich 521, 539; 697 NW2d 895 (2005) (stating that this Court has always been cognizant of the potential problem of “cost containment for this mandatory coverage” when interpreting the no-fault act), citing Shavers v Attorney General, 402 Mich 554, 599; 267 NW2d 72 (1978) (holding that “[i]n choosing to make no-fault insurance compulsory for all motorists, the Legislature has made the registration and operation of a motor vehicle inexorably dependent on whether no-fault insurance is available at fair and equitable rates”); Jarrad v Integon Nat’l Ins Co, 472 Mich 207, 218; 696 NW2d 621 (2005) (recognizing “the Legislature’s overarching commitment in the no-fault act, and its later amendments, to facilitating reasonable econo
Conceivably as well, a reasonable lawmaker might have intended to maintain the solvency of insurers, and
Finally, a reasonable lawmaker might have concluded that practical problems pertaining to evidence and proofs in old claims required some balance between the interests of the insured and those of the insurer.
I am inclined to believe that the principal purpose of the minority/insanity tolling provision is to afford minors and insane persons an opportunity to be made litigatively whole once their disabilities have been removed. However, what I discern as the principal purpose of the tolling provision cannot be allowed to trump its actual language. To allow such a result would enable the judge to impose on the law his own characterization of its unstated “purpose” and trump the actual words of
Although the general purpose of tolling statutes is to render the beneficiary whole in his cause of action, the precise issue in this case is whether this purpose remains intact where there is, as here, a one-year-back rule— an equally applicable one-year-back rule.
In Geiger v Detroit Automobile Inter-Ins Exch, 114 Mich App 283; 318 NW2d 833 (1982), the Court of Appeals held that the minority/insanity tolling provision does toll the one-year-back rule of the no-fault
This Court lacks the authority to alter a statute simply because it is confident that such alteration will better fulfill some supposed purpose. While I believe that this Court has an obligation to avoid genuinely “absurd results,” a statute that is simply less well-crafted than a judge believes it could have been is not for that reason “absurd.” Something is “absurd” as a matter of law, justifying the extraordinary remedy of judicial reformation, only if it is “utterly or obviously senseless, illogical, or untrue; contrary to all reason or common sense; laughably foolish or false.” Random House Webster’s College Dictionary (1991). Justice Scalia has described results as being “absurd” when they are “unthinkable,” “bizarre,” or “startling.” Green v Bock Laundry Machine Co, 490 US 504, 527; 109 S Ct 1981; 104 L Ed 2d 557 (1989) (Scalia, J., concurring);
Justices CAVANAGH and KELLY, in contrast, effectively define as an “absurd result” one that is merely imperfect or flawed, one that is merely susceptible to improvement. Unencumbered, as this Court is, by the need of the legislative branch to engage in compromise and give-and-take between many competing social interests, Justices CAVANAGH and KELLY invoke an “absurd results” rule simply on the basis that the legislative process has produced what, in their view, is a law that is less “consistent” and less “effective” than it could have been.
As explained above, however, there are a number of reasons why the Legislature might have intended the statute that Geiger derogated. Because the actual language of the minority/insanity tolling provision of the RJA does not toll the one-year-back rule of the no-fault automobile insurance act, and because such a result cannot fairly be said to be “absurd,” I believe that this
In the end, I cannot read the minds of those who enacted the two statutes in question, and I do not profess to understand what may have been secretly harbored in these minds. The most fundamental rule of statutory construction is that the actual words of the statutes are “the best indicator of the Legislature’s intent.” Kreiner v Fischer, 471 Mich 109, 129; 683 NW2d 611 (2004). For the reasons set forth above, the actual words of the two statutes here lead me to agree with the majority that the minority/insanity tolling provision does not toll the one-year-back rule. However, also for the reasons set forth above, I would respectfully urge the present Legislature to review the opinions in this case and to ascertain whether the Court’s holding is consistent with the Legislature’s present intentions.
For the reasons set forth in this opinion, I do disagree with the majority opinion’s statement that whether legislation is or is not “absurd” is “irrelevant.” Ante at 67.
The largest portion of medical expenses ordinarily will have been incurred in the immediate aftermath of a covered accident rather than during the year immediately preceding the filing of the tolled cause of action. Indeed, the longer the period of tolling— for example, the younger
Justice Cavanagh describes me at oral argument as having “aided” defendant in devising an alternative argument. This is a fair character
The “absurd results” rule has been described as one that asserts that “[i]t will always ... be presumed that the legislature intended exceptions to its language, which would avoid [absurd consequences].” United States v Kirby, 74 US 482, 486-487; 19 L Ed 278 (1868). The United States Supreme Court has consistently adhered to this rule. As early as 1819, the Court asserted in Sturges v Crowninshield, 17 US 122, 202-203; 4 L Ed 529 (1819), that the absurdity of an interpretation warranted a departure from the plain meaning of the words. See also Kirby, supra; Armstrong Paint & Varnish Works v Nu-Enamel Corp, 305 US 315, 333; 59 S Ct 191; 83 L Ed 195 (1938) (“[T]o construe statutes so as to avoid results glaringly absurd, has long been a judicial function.”). Justice Story has also observed, “Where [the law’s] words are plain, clear, and determinate, they require no interpretation; and [such interpretation] should, therefore, be admitted, if at all, with great caution and only from necessity, either to escape some absurd consequence, or to guard against some fatal evil.” 1 Story, Commentaries on the Constitution of the United States (5th ed), § 405.
In addition, Michigan has always adhered to the “absurd results” rule, at least until its apparent reversal in People v McIntire, 461 Mich 147; 599 NW2d 102 (1999), a case referencing none of our earlier decisions in this regard. As early as Green v Graves, 1 Doug 351, 354 (Mich, 1844), this Court stated, “The reason and intention of the lawgiver will control the strict letter of the law” when the latter would lead to “absurdity.” To name only a few cases, see also Campau v Seeley, 30 Mich 57, 62 (1874); People v Labbe, 202 Mich 513, 520; 168 NW 451 (1918); Attorney General v Detroit UR Co, 210 Mich 227, 254; 177 NW 726 (1920); Grand Rapids v Crocker, 219 Mich 178, 183-184; 189 NW 221 (1922); Cytacki v Buscko, 226 Mich 524, 528; 197 NW 1021 (1924); Lukazewski v Sovereign Camp of the Woodmen of the World, 270 Mich 415, 421; 259 NW 307 (1935); Mondou v Lincoln Mut Cas Co, 283 Mich 353, 358; 278 NW 94 (1938); Elba Twp v Gratiot Co, 287 Mich 372, 394; 283 NW 615 (1939); Wayne Co Bd of Rd Comm’rs v Wayne Co Clerk, 293 Mich 229, 236; 291 NW 879
The 71st Legislature enacted the tolling provision, the later-enacted statute of the two statutes at issue here.
Indeed, it seems certain that the tolling provision will come into play in only a very small portion of all minor/insanity medical expense no-fault cases, and that most claimants will file actions on a timely, “untolled” basis, because whoever has incurred expenses on behalf of a minor or insane person will have an obvious financial interest in being reimbursed for such expenses as expeditiously as possible.
One of the problems, of course, with a focus on the “purpose” of a statute, as opposed to its actual language, is that the former can he characterized at widely different levels of remove from the statute. If the “purpose” of the tolling statute is not to achieve the ends compelled by its plain words, is the “purpose” instead to toll the period of limitations without regard for other statutes? Is it to place minors and insane persons in an identical position with others who have filed claims for medical expenses immediately upon incurring such expenses? Is it to optimize litigative opportunities for minors and insane persons to file lawsuits? Is it generally to do good things for minors and insane persons?
I am aware of only one other statutory one-year-back rule. See MCL 418.833(1) (the one-year-back rule of the Worker’s Disability Compensation Act), referred to earlier in this opinion. There is no decision of this Court reconciling this provision and any applicable tolling provision.
Black’s Law Dictionary (5th ed) defines “absurdity” as “[a]nything which is so irrational, unnatural, or inconvenient that it cannot be supposed to have been within the intention of men of ordinary intelligence and discretion.” There are a variety of alternative formulations of the “absurd results” rule. See, e.g., Crooks v Harrelson, 282 US 55, 60; 51 S Ct 49; 75 L Ed 2d 156 (1930) (“so gross as to shock the general moral or common sense”); Sturges, supra at 203 (“so monstrous, that all mankind would, without hesitation, unite in rejecting the application”); Public Citizen, supra at 471 (Kennedy, J., concurring) (“quite impossible that [the Legislature] could have intended the result”); Green, supra at 511 (“can’t mean what it says”); Green, supra at 527 (Scalia, J., concurring) (“an unthinkable disposition”).
Justice Kelly, who insists on approaching the instant matter from the perspective of one authorized to second-guess the legislative branch, inquires, post at 130 n 61, “What legislator would find it reasonable to reduce the cost of insurance by leaving children and the insane with little or no recovery for their injuries?” (Emphasis added.) As I have made clear in this opinion, I doubt that I would if I were a legislator, and it seems that neither would Justice Kelly, but, of course, we are not legislators. Bather, we are judges. Therefore, the proper inquiry is not that of Justice Kelly but rather, “Is it quite impossible or is it quite unthinkable that a legislator would enact this legislation?” See, e.g., Public Citizen, supra at 471; Green, supra at 511. Justice Kelly, by ignoring virtually every conceivable rationale for MCL 600.5851(1) set forth in this and in the majority opinion, not only transforms the “absurd result” rule beyond all recognition, but through her characterization of this law at its most indefensible, rather than at its most defensible, as she is obligated to do as a judge, demonstrates an inappropriate willingness to substitute her judgment for that of the Legislature. The Legislature is entitled to make dubious policy judgments without myself, or Justice Kelly, being thereby authorized to act as lawmakers-in-chief.
Dissenting Opinion
(dissenting). This case is essentially the second installment
MCL 500.3145(1), a provision of the no-fault automobile insurance act, contains what is known as the “one-year-back rule.” The provision states that when an insurer is on notice of a plaintiffs claim for injury expense reimbursement, the plaintiff has one year after the most recent allowable expense was incurred to bring an action to recover accident-related expenses. The provision also states that the claimant cannot “recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced.” Id. It is that latter portion that is known as the one-year-back rule.
In Devillers, supra, a majority of this Court held that the one-year-back rule prevents a plaintiff from recovering expenses incurred before the one-year deadline even when the reason suit has not been filed is because the insurance company has not yet denied the plaintiffs claim. In other words, the majority gave insurers an open invitation to delay responding to an insured’s claim for however long it wishes so that it can profit from the fact that most prudent people are not going to rush into court before at least hearing from their insurance company that their claim has been denied.
Close on the heels of Devillers, defendant now argues that MCL 600.5851(1), a provision of the Revised Judicature Act (RJA) that preserves the claims of minors and the insane until one year after the disability is removed,
Aided by Justice MARKMAN at oral argument, defendant eventually devised an alternative argument on which we accepted supplemental briefing and argument.
Having already assisted the defendant’s coup of cutting off benefits when the defendant’s own delay is the impetus for a plaintiffs delay in filing suit, see Devillers, supra, the majority now approves cutting off owed benefits not because of a plaintiffs lack of diligence and not even in the face of an insurer’s delay tactic, but simply because it chooses to drastically curtail the protection provided by the Legislature for infants and the incompetent.
The issue the majority dismisses today finds its genesis in Lambert v Calhoun, 394 Mich 179; 229 NW2d 332 (1975). In Lambert, this Court held that the RJA’s saving provision applies to causes of action created by statute, even when the statute sets forth its own limitations period. When this Court determined in 1975 that there was no indication that the Legislature intended the saving provision to apply only to common-law causes of action, it explained as follows:
The need and desirability for saving in one case are the same as in the other. Infants or insane persons are under the same disability whether their actions be common-law or statutory; the defendant in one case is generally in no greater need than the defendant in the other of protection from delay in commencement of the action. We are unable to distinguish the two cases or to ascribe to the Legislature such an intention. [Lambert, supra at 191.]
As much was found in a subsequent case when the Court of Appeals explicitly held that the saving provision applies to the no-fault act. Rawlins v Aetna Casualty & Surety Co, 92 Mich App 268; 284 NW2d 782 (1979).
*92 The no-fault act, § 3145(1), does two things. First, it provides that an action to collect PIP [personal injury protection] benefits must be commenced within one year after the date of the accident. The period is tolled if a proper notice is given to the insurer within one year. Second, it provides that a claimant may not recover benefits for losses incurred more than one year before the date the action was commenced.
From the above discussion, we know that RJA § 5851 allows an insured who is injured during his minority to commence an action within one year after attaining the age of majority, notwithstanding that the one-year period of limitations in § 3145(1) has expired. The question under present consideration is whether RJA § 5851 allows that person to collect PIP benefits for all expenses and losses incurred from the date of the accident, notwithstanding that § 3145(1) generally precludes recovery for expenses and losses incurred more than one year prior to the date the action was commenced. Although this is apparently a question of first impression, we believe that the minority saving provision of RJA § 5851 should apply to the “one year back” rule of § 3145(1), as well as to the one-year period of limitations therein.
The purpose of the one-year period of limitations is to encourage claimants or persons acting on their behalf to bring their claims to court while those claims are still fresh. Burns v Auto-Owners Ins Co, 88 Mich App 663; 279 NW2d 43 (1979), Aldrich v Auto-Owners Ins Co, 106 Mich App 83; 307 NW2d 736 (1981). The “one year back” portion of § 3145(1) has a similar policy.
In Rawlins v Aetna Casualty & Surety Co, supra, this Court held that RJA § 5851 applied to the one-year period of limitations in § 3145(1). The basis for the minority saving provision and the decision in Rawlins is that a person should not lose his claim during his minority, when he has no legal capacity to act on his own behalf. We believe that the Rawlins rule should also apply to the “one year back” portion of § 3145. A contrary rule would severely limit the utility of the minority saving provision and could deprive a person of benefits to which he would otherwise be*93 rightfully entitled. In the present case, James Geiger, injured at the age of 16, incurred substantial medical expenses over the 2 years following the accident. He commenced this action approximately two weeks before his nineteenth birthday. Although his right to commence the action is preserved under Rawlins, supra, if we do not apply the minority saving provision to the “one year back” rule of § 3145, plaintiff would be effectively precluded from recovering PIP benefits for the medical expenses incurred during the two years immediately following the accident. In order to advance the policy of RJA § 5851 and Rawlins, supra, we conclude that an insured who is injured during his minority and commences an action before his nineteenth birthday is entitled to collect PIP benefits for expenses and losses incurred from the date of the accident. [Geiger, supra at 290-291.]
As the Geiger Court recognized, there is little to no point to a saving provision that preserves a person’s “action” or “claim” despite the fact that the period of limitations on the cause of action has expired, if that saving provision preserves merely the right to file papers rather than the right to recover damages that accrued during the time the claim was being “saved.” Rather, the Legislature surely would not have intended to enact a hollow saving provision for people under a disability which would “save” only a sliver, if any, of the disabled’s claim.
Should one undertake this endeavor, one would find that a saving provision that preserves the claims of the legally disabled until their disability is removed cannot be dismissed as a mere legislative whim. Rather, the saving provision is a necessary counterpart to the rule created by this Court that prohibits minors and the incompetent from bringing lawsuits on their own. MCR 2.201(E)(1)(b).
By failing to consider the one-year-back rule of MCL 500.3145(1) in the context of the saving provision of MCL 600.5851(1) and what that provision is actually designed to do, the majority only partially employs the tenet that the primary goal of statutory interpretation is to effect legislative intent. As such, it does a great disservice to the critical, indeed paramount, component of assessing a statute’s overriding purpose. Instead of endeavoring to effectuate the clear purpose of the saving provision, or even questioning whether the interpretation of the one-year-back rule in this context should be informed by the saving provision, the majority misunderstands the saving provision and views the one-year-back rule in a vacuum. As a result, it reaches a cursory finding that MCL 500.3145(1) is “clear” because the one-year-back rule is not subject to “tolling.”
The reader should not be misled into believing that only one interpretation is possible in this case or that everything is “clear.” An honest reading of these statutes reveals that a conflict exists and that there are several ways in which the conflict could be resolved. Not only does the majority refuse to so much as recognize a conflict, it chooses a resolution to this case that it
It should be evident that the majority’s choice elevates one concern — protecting insurers from having to pay claims in a manner the majority deems untimely— over a multitude of other important considerations. Many of the considerations the majority fails to weigh are set forth in Justice MAKKMAN’s concurrence. In addition, the majority’s choice ignores the interests of the insured, whose right to prompt and full recovery was also a paramount consideration in enacting the no-fault scheme and was also part of the “hammered out” compromises. See Shavers v Attorney General, 402 Mich 554, 578-579; 267 NW2d 72 (1978) (“The Michigan No-Fault Insurance Act. . . was offered as an innovative social and legal response to the long payment delays, inequitable payment structure, and high legal costs inherent in the tort (or ‘fault’) liability system. The goal of the no-fault insurance system was to provide victims of motor vehicle accidents assured, adequate, and prompt reparation for certain economic losses.”). Further, it entirely ignores the weighty public policy behind the RJA’s saving provision, which was crafted to protect the interests of those who cannot act on their own. See Paavola v St Joseph Hosp Corp, 119 Mich App 10, 14-15; 325 NW2d 609 (1982). As has been repeatedly recognized by this very majority, when a conflict exists, we must choose the interpretation that best effectuates legislative intent. But rather than acknowledge the existence of numerous considerations that could inform this endeavor, the majority asserts that my attempt to do so is an “indefensible position”
In any event, the majority’s analysis falters when one considers the true character of MCL 600.5851(1). By portraying the statute as having a “tolling” function, the majority is misguided into an incorrect conclusion. This is because although it may seem facially rational to conclude that a “tolling” provision cannot “toll” something other than a period of limitations, the one-year-back rule, MCL 600.5851(1), is not a “tolling” provision. It is a statute through which the Legislature granted a “year of grace” to infants and the legally incompetent in recognition of their inability to legally act until their disabilities are removed. Honig v Liddy, 199 Mich App 1, 3-4; 500 NW2d 745 (1993).
By refusing to acknowledge that there is a conflict between MCL 500.3145(1) and MCL 600.5851, the majority finds this an open-and-shut case; it holds that because MCL 500.3145(1) does not say otherwise, the one-year-back rule applies to those who might otherwise be protected by MCL 600.5851. This, it asserts, is
Oddly, the majority chastises me for examining both statutory provisions, apparently preferring to ignore one of them. See ante at 64. It claims that there is no recognized method of statutory construction that per
“1. The aggregate of operative facts giving rise to a right enforceable by a court.... 2. The assertion of an existing right; any right to payment or to an equitable remedy, even if contingent or provisional.... 3. A demand for money or property to which one asserts a right.... [Black’s Law Dictionary (7th ed).]”
In short, then, a claim means a “demand[] of a pecuniary nature,” a “right to payment,” and a “demand for money.” These definitions suggest that when a minor’s or incompetent’s “claim” is saved by MCL 600.5851(1), it is that person’s demand for monetary relief and right to obtain it that is preserved.
Given the above, I would conclude that when the Legislature enacted the saving provision, it indeed intended to save the whole of the disabled person’s claim, not merely a severely devitalized right to bring the claim. Without the saving provision, those who are judicially precluded and deemed incapable of protecting their own legal rights would be denied access to justice, so I find this conclusion unchallenging. Insureds who are of age and possess full mental faculties are, understandably, deemed capable of filing suit within a time frame that would preserve their right to recover all damages owed to them. MCL 500.3145(1). If an insured nonetheless waits to file suit, the Legislature has seen fit to limit the insured’s ability to recover damages to the year preceding the lawsuit.
But when a saving provision prevents the abrogation of a legally disadvantaged person’s claim, and when there is a statutorily recognized reason why an insured
In addition to the reasons already discussed, I would also give weight to the fact that the latter construction has gone unchanged by the Legislature since Geiger, supra. Had we drastically misconstrued the Legislature’s meaning and created turmoil in the no-fault system by allowing infants and the incompetent their day in court, certainly the Legislature would have seen fit to correct that grave error.
And so it is that the legislative door to the courthouse —legislatively made wider for those judicially precluded from bringing suit — has today been judicially slammed shut. For these reasons, I respectfully dissent.
Devillers v Auto Club Ins Ass’n, 473 Mich 562; 702 NW2d 539 (2005), was the first.
Even if the plaintiff diligently pursues a response from the insurance company or is actively negotiating with the insurer, the result is the same. If the insurer holds out for over a year, the reduction in owed benefits begins.
The provision states:
Except as otherwise provided in subsections (7) and (8), if the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed through death or otherwise, to make the entry or bring the action although the period of limitations has run. This section does not lessen the time provided for in section 5852. [MCL 600.5851(1).]
“Insane” is defined as a condition of mental derangement such as to prevent the sufferer from comprehending rights he or she is otherwise bound to know and is not dependent on whether or not the person has been judicially declared to be insane. [Id. at § 5851(2).]
Justice Markman objects to my characterization of his statements as “aiding” a party. While there is certainly no bar to asking a party about various legal theories, in this particular case, counsel for defendant explicitly disagreed in his brief to this Court and at oral argument that any distinction could or should be made between the statute of limitations and the one-year-back rule in the context of the saving provision of MCL 600.5851. Clearly, then, defendant understood and accepted as sensible the prevailing legal precedent that allowed minors and incompetents to preserve their claims in full and saw no reason to revisit the longstanding rule that a “claim” encompassed not only the mere filing of a lawsuit, but also the ability to recover all damages alleged to be owed. In other words, counsel saw no reason to, and did not, challenge settled law. Rather, counsel endeavored to persuade this Court to overturn settled law only after being “aided” by Justice Markman into seeing a golden opportunity to do so successfully. It is in that peculiar context that I find this sequence of events disconcerting.
I would not disturb that holding now, despite amendatory language in the RJA that changed the clause “if the person first entitled to make an entry or bring any action” to “if the person first entitled to make an entry or bring an action under this act. ...” (Emphasis added.) As plaintiffs brief explains, “The RJA prescribes the jurisdiction of the courts, the basis of jurisdiction, and various other procedural guidelines within our civil justice system. It also prescribes a method for disputes to be resolved through the filing of a civil action. Specifically, at MCL 600.1901, the RJA states, ‘a civil action is commenced by filing a complaint with the court.’ Therefore, it is basic civil procedure that all lawsuits filed are brought ‘under this act,’ i.e., the RJA.”
As correctly noted by Justice Markman in his concurrence, if a person is injured in an motor vehicle accident while an infant or legally incompetent, and his injuries resolve a year or more before his disability resolves, then the majority’s interpretation of MCL 500.3145(1) will completely preclude that person from recovering any of the damages incurred from the accident, and, thus completely abrogate his claim.
If a minor or incompetent person does not have a conservator to represent the person as plaintiff, the court shall appoint a competent and responsible person to appear as next friend on his behalf, and the next friend is responsible for the costs of the action.
The appointment of these persons does not remove the disability. Rittenhouse v Erhart, 126 Mich App 674; 337 NW2d 626 (1983), aff'd in part and rev’d in part on other grounds 424 Mich 166 (1985).
Notably, the majority refuses to acknowledge its mischaracterization of the saving provision, insisting on calling it a “tolling” provision. This obstinacy derails the majority’s analysis and renders it inaccurate. Perhaps the majority favors this course because recognizing the differences between the design and effect of tolling and saving provisions would require it to actually engage in a straightforward discussion regarding the operation of the saving provision on the one-year-back rule.
As this Court has astutely observed, “What is ‘plain and unambiguous’ often depends on one’s frame of reference.” Staffer v Bd of Ed of Gibraltar, 393 Mich 190, 194; 224 NW2d 255 (1974). The majority’s “frame of reference” is its failure to consider the true character of the saving provision and refusal to even attempt to give meaning to the conflicting statute. As such, it concludes that the one-year-back rule plainly and unambiguously disallows minors and incompetents from obtaining a full recovery. My frame of reference encompasses both statutes and their import to one another. Under that frame of reference, a conflict is apparent.
Of course, I do not believe that it is equitable to preclude recovery when the delay in filing suit is caused by an insurer’s failure to notify its insured that a claim has been denied. See Devillers, supra at 594-620 (Cavanagh, J., dissenting).
Further, as Justice Kelly concludes, the majority’s result in this case is absurd. One only need peruse Justice Markman’s catalog of the absurdities that flow from the majority’s analysis to he convinced on this point. Thus, I concur in her conclusion that the majority’s analysis fosters intolerably absurd results.
Moreover, I fully concur with Justice Kelly’s thorough analysis pertaining to the validity of the “absurd results” doctrine as a tool of statutory construction. While I have always held this view, I take this opportunity to participate in the overdue disavowal of the erroneous
Dissenting Opinion
(dissenting). Daniel Cameron was ten years old when an automobile struck his bicycle, causing a closed head injury. When Daniel was 16 years old, his parents filed suit on his behalf seeking personal protection insurance (PIP) benefits for attendant care given to Daniel in the first three years after his injury. Defendant moved for summary disposition, arguing that plaintiffs’ claim was barred by the one-year-back rule in MCL 500.3145(1) of the no-fault automobile insurance act. The trial court denied defendant’s motion, granted summary disposition in favor of plaintiffs, and awarded plaintiffs $182,500, an amount stipulated by the parties.
The Court of Appeals reversed. The majority affirms, holding that under the “one-year-back rule” in MCL 500.3145(1) of the no-fault automobile insurance act, plaintiffs may not recover damages incurred more than one year before they filed suit. The majority further holds that the saving provision in MCL 600.5851(1), which preserves the claims of minors and the insane until one year after the disability is removed, does not apply to the one-year-back rule.
I respectfully dissent from the majority’s holding and analysis.
An action for recovery of personal protection insurance benefits payable under this chapter for accidental bodily injury may not be commenced later than 1 year after the date of the accident causing the injury unless written notice of injury as provided herein has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment of personal protection insurance benefits for the injury. If the notice has been given or a payment has been made, the action may be commenced at any time within 1 year after the most recent allowable expense, work loss or survivor’s loss has been incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced. The notice of injury required by this subsection may be given to the insurer or any of its authorized agents by a person claiming to be entitled to benefits therefor, or by someone in his behalf. The notice shall give the name and address of the claimant and indicate in ordinary language the name of the person injured and the time, place and nature of his injury. [Emphasis added.]
The sentence emphasized above, “However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced,” is the origin of the “one-year-back rule” that is at the heart of the case before us.
The majority treats this sentence, the “one-year-back rule,” as a separate limitation on the period for which benefits may be recovered.
This statute of limitations in § 3145(1) contains its own tolling provision, also provided in the first sentence of the statute: “unless written notice of injury as provided herein has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment of personal protection insurance benefits for the injury.” This tolling provision takes effect when one of two things occurs: (1) the insurer is given written notice of the injury within one year of the accident or (2) the insurer has previously paid personal protection insurance benefits for the injury.
The remainder of § 3145(1), the second, third, fourth, and fifth sentences, detail how this tolling provision is to be applied. The so-called “one-year-back rule” is not a separate limitation on the period for which benefits may be recovered. Rather, it is an integral part of the
The third sentence of the statute, the one at issue in this case, must be read in context with the other three sentences detailing how the tolling provision is to be applied. When interpreting a statute, the Court must “consider both the plain meaning of the critical word or phrase as well as ‘its placement and purpose in the statutory scheme.’ ” Sun Valley Foods Co v Ward, 460 Mich 230, 237; 596 NW2d 119 (1999) (citation omitted). The second, third, fourth, and fifth sentences of the statute read as follows:
If the notice has been given or a payment has been made, the action may be commenced at any time within 1 year after the most recent allowable expense, work loss or survivor’s loss has been incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced. The notice of injury required by this subsection may be given to the insurer or any of its authorized agents by a person claiming to be entitled to benefits therefor, or by someone in his behalf. The notice shall give the name and address of the claimant and indicate in ordinary language the name of the person injured and the time, place and nature of his injury. [Emphasis added.]
The use of the word “however” at the beginning of the sentence is significant. “However,” when used as a conjunction, means “nevertheless; yet; in spite of that; all the same.” Webster’s New World Dictionary, Second College Edition (1982). This conjunction, “however,” shows an exception to the sentence preceding it, which sets forth when an action may be brought under the
In determining whether to overrule a prior case, pursuant to the doctrine of stare decisis, this Court should first consider whether the earlier case was wrongly decided. If it was wrongly decided, the Court should then examine reliance interests: whether the prior decision defies “practical workability”; whether the prior decision has become so embedded, so fundamental to everyone’s expectations that to change it would produce not just readjustments, but practical real-world dislocations; whether changes in the law or facts no longer justify the prior decision; and whether the prior decision misread or misconstrued a statute.
Correcting this point of statutory interpretation in Welton and Devillers would effectively leave the law in its current state. The Court of Appeals has held that the saving provision in § 5851 applies to the no-fault act,
For this reason, I would reverse the decision of the Court of Appeals reversing the trial court’s denial of defendant’s motion for summary disposition and reinstate the stipulated judgment entered in favor of the plaintiffs.
I also agree with Justices Kelly and Maekman that this Court should reinstate the “absurd results” rule. The “absurd results” rule, the commonsense rule that statutes should be construed so as to prevent absurd results, was rejected by this Court in People v McIntire, 461 Mich 147; 599 NW2d 102 (1999).
The majority states that the no-fault act contains two limitations on the time for commencing an action and one limitation on the period for which benefits may be recovered:
“ ‘(1) An action for personal protection insurance [PIP] benefits must be commenced not later than one year after the date of*106 accident, unless the insured gives written notice of injury or the insurer previously paid [PIP] benefits for the injury.
“ ‘(2) If notice has been given or payment has been made, the action may be commenced at any time within one year after the most recent loss was incurred.
“ ‘(3) Recovery is limited to losses incurred during the one year preceding commencement of the action.’ ” [Ante at 61 (emphasis omitted).]
In making this summary, the majority is quoting from Devillers v Auto Club Ins Ass’n, 473 Mich 562, 574; 702 NW2d 539 (2005), which in turn was quoting from Welton v Carriers Ins Co, 421 Mich 571, 576; 365 NW2d 170 (1985), overruled on other grounds in Devillers.
I do not rely on the last antecedent rule, contrary to the majority’s hypothesis, ante at 71-72.
Robinson v Detroit, 462 Mich 439, 464-467; 613 NW2d 307 (2000).
Rawlins v Aetna Cas & Surety Co, 92 Mich App 268; 284 NW2d 782 (1979).
Geiger v Detroit Automobile Inter-Ins Exch, 114 Mich App 283; 318 NW2d 833 (1982).
Defendant moved for summary disposition, arguing that plaintiffs claim was barred by the one-year-back provision of MCL 500.3145(1), consistent with this Court’s interpretation of the statute in Welton, supra. Although defendant asserted that notice was given or payment had previously been made, plaintiffs never raised it as a defense to the one-year limitations period in § 3145(1).
Dissenting Opinion
odissenting). I concur with Justice CAVANAGH’s dissent. I write this opinion to point out that the majority’s interpretation creates an absurd result, one that the Court should not permit. It is absurd to conclude that the Legislature intended to jettison no-fault claims of children and mentally impaired persons.
I agree also with Justices MArkmAN, WEAVER, and CAVANAGH that the “absurd results” rule is an important part of Michigan jurisprudence and should be reinstated. Four justices believe that the absurd results rule is valid and can be used in assessing a case. The accuracy of this statement is unaffected by the fact that
ABSURD RESULTS
The principle that statutes should be construed to avoid absurd results that are manifestly inconsistent with legislative intent is not a new or radical innovation. On the contrary, it was well-established in the jurisprudence of the United States Supreme Court before the twentieth century. In Church of the Holy Trinity v United States,
It is a familiar rule, that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the intention of its makers. This has been often asserted, and the reports are full of cases illustrating its application. This is not the substitution of the will of the judge for that of the legislator, for frequently words of general meaning are used in a statute, words broad enough to include an act in question, and yet a consideration of the whole legislation, or of the circumstances surrounding its enactment, or of the absurd results which follow from giving such broad meaning to the words, makes it unreasonable to believe that the legislator intended to include the particular act.
Likewise, more recent case law of the United States Supreme Court recognizes that situations exist when it is appropriate to depart from a strictly literal interpretation of statutory language to further legislative intent. For example, in Lewis v United States,
By its literal language, the federal act applies to a defendant’s acts or omissions that are not made punishable by “any enactment” of Congress. Id. at 159. However, the Court declined to apply the act literally, stating that doing so would not be a “sensible interpretation” because a literal reading of the words “any enactment” would “dramatically separate the statute from its intended purpose.” Id. at 160.
THE ABSURD RESULTS EXCEPTION TO THE PLAIN LANGUAGE DOCTRINE IN MICHIGAN
The absurd results exception to the plain language doctrine has a long history in Michigan jurisprudence. From 1844 until 1999, this state relied on and regularly used the rule to interpret statutory language that led to absurd results.
In Alvord v Lent,
The holding in Alvord continued a trend that lasted until 1999. Fourteen years after its decision in Alvord, this Court again heard a case raising an absurd results issue. In Cummings v Corey,
The trend did not end there, and, in fact, the Court has affirmed the application of the absurd results exception repeatedly during the last century. Cases in the 1910s,
In Mclntire, the Court gave no legal justification for not following Michigan precedent. Instead, it quoted Justice Antonin Scalia stating, “ ‘[We] agree with Jus
Justice Scalia’s opinion on the absurd results rule, while perhaps interesting, is not and was not binding on Michigan. Nonetheless, the Court adopted it, and Mclntire caused a ripple in Michigan law that was not clearly apparent at the time it was decided. However, Mclntire’s effect is now very clear. The damage that it has done and continues to do should be stemmed, and Michigan jurisprudence should he put back on the correct track.
PRESUMPTIVE UNDERSTANDING OF THE FRAMERS OF THE MICHIGAN CONSTITUTION
A reasonable person must presume that the drafters and ratifiers of our state constitution expected Michigan courts to apply the absurd results rule of construction to Michigan statutes. This is because it was well-established by 1963 that courts should construe statutes to avoid absurd results and at times should depart from a strictly literal application of statutory language. Also, the Michigan Constitution includes no language disapproving this principle. Accordingly, the Court’s earlier approval of the principle was consistent with the original intent of the drafters of the state constitution.
THE NEARLY UNIVERSAL RECOGNITION OF THE ABSURD RESULTS RULE OF CONSTRUCTION IN AMERICAN STATES
A review of the case law of our sister states reflects the wide extent to which Michigan has departed from traditional norms of statutory construction. The Arizona Supreme Court has aptly summarized the traditional approach to applying statutory language in American law. It has emphasized that a court should look first to the words of the statute and apply its language if it is unambiguous. But, the Arizona court has counseled, other clear indicators of legislative intent can require a departure from the literal meaning of statutory language that seems unambiguous on its face:
The primary rule of statutory construction is to find and give effect to legislative intent. We look first to the statute’s words. Words have their ordinary meaning unless the context of the statute requires otherwise. Where language is unambiguous, it is normally conclusive, absent a clearly expressed legislative intent to the contrary. [Mail Boxes Etc, USA v Industrial Comm of Arizona, 181 Ariz 119, 121; 888 P2d 777 (1995) (citation omitted).]
In addition, prevailing case law from the highest courts of many diverse American states recognizes that courts must construe statutes to avoid absurd results or to further legislative intent. This must occur even if it requires the courts to adopt a construction that departs
The Iowa Supreme Court has strongly suggested that it would depart from a literal application of statutory language to avoid an absurd result. It stated that it presumes that the legislature intends a reasonable and just result and accordingly “interprets statutes so as to avoid absurd results.” State v Iowa Dist Court for Black Hawk Co, 616 NW2d 575, 578 (Iowa, 2000). Similarly,
Interestingly, it appears that the Pennsylvania courts are statutorily bound to construe statutes to avoid absurd results. Hence, they are required to depart from a literal application of a statute that would create am absurd result. See In re Nomination Papers of Lahr, 577 Pa 1, 7; 842 A2d 327 (2004), citing 1 Pa Cons Stat 1922(1) (noting that the state Statutory Construction Act requires the courts to “ ‘presume that the General Assembly did not intend a result that is absurd or unreasonable’ ”) (citation omitted).
The Georgia Supreme Court has also demonstrated that it recognizes an absurd results exception to applying “clear” statutory language by stating that, as long as statutory language “is clear and does not lead to an unreasonable or absurd result, ‘it is the sole evidence of the ultimate legislative intent.’ ” Ray v Barber, 273 Ga 856; 548 SE2d 283 (2001), quoting Caminetti v United States, 242 US 470, 490; 37 S Ct 192; 61 L Ed 442 (1917).
The Connecticut Supreme Court also clearly rejects an approach to statutory construction that would always apply the literal meaning of a statute in the following thoughtful explanation of its approach to statutory construction:
*121 In construing the workers’ compensation statutes at issue, we follow the method of statutory interpretation recently articulated in State v. Courchesne, 262 Conn. 537 [577-578], 816 A.2d 562 (2003). “The process of statutory interpretation involves a reasoned search for the intention of the legislature. ... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case, including the question of whether the language actually does apply. In seeking to determine that meaning, we look to the words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter.... Thus, this process requires us to consider all relevant sources of the meaning of the language at issue, without having to cross any threshold or thresholds of ambiguity. Thus, we do not follow the plain meaning rule.
“In performing this task, we begin with a searching examination of the language of the statute, because that is the most important factor to be considered. In doing so, we attempt to determine its range of plausible meanings and, if possible, narrow that range to those that appear most plausible. We do not, however, end with the language. We recognize, further, that the purpose or purposes of the legislation, and the context of the language, broadly understood, are directly relevant to the meaning of the language of the statute.” [Hatt v Burlington Coat Factory, 263 Conn 279, 290; 819 A2d 260 (2003).]
In a similar vein, the Kansas Supreme Court has stated that “ ‘[i]n determining legislative intent, courts are not limited to a mere consideration of the language used, but look to the historical background of the enactment, the circumstances attending its passage, the purpose to be accomplished, and the effect the statute may have under the various constructions suggested.’ ”
The Maryland Court of Appeals has likewise made clear that it does not regard issues of statutory interpretation always to be controlled by the literal meaning of a statute:
[W]hen there is some question as to whether a literal interpretation of the language used in the statute really would be consistent with the purpose of the legislation, we may look beyond that literal meaning. In such a circumstance, “the court, in seeking to ascertain legislative intent, may consider the consequences resulting from one meaning rather than another, and adopt that construction which avoids an illogical or unreasonable result, or one which is inconsistent with common sense.” [Brown v State, 359 Md 180, 189; 753 A2d 84 (2000), quoting Kaczorowski v Mayor of Baltimore, 309 MD 505, 513; 525 A2d 628 (1987).]
From this discussion, it strongly appears that 48 of the 50 American states adhere to the traditional principle that a court should construe a statute to avoid absurd results. They agree that courts should not follow a rigidly literal approach to statutory construction that is inconsistent with legislative intent.
The remaining state, aside from Michigan, is Mississippi. It appears that Mississippi might not allow a departure from a literal application of a statute even to avoid absurd results or to further legislative intent. My research has found no Mississippi precedent clearly recognizing the traditional absurd results rule of construction, and the Mississippi Supreme Court has stated that if a statute “ ‘is plain and unambiguous there is no room for construction....’” 32 Pit Bulldogs & Other Prop v Prentiss Co, 808 So 2d 971,
Hence, American jurisdictions overwhelming adhere to the historic principle that statutes should be construed to avoid absurd results even if it means departing from a literal interpretation. This fact certainly calls into question the recent jurisprudence of the Michigan Supreme Court that departs from the state’s decades-long position in the mainstream of American jurisprudence on this matter.
A CRITIQUE OF JUSTICE SCALIA’S “TEXTUALISM”
A rigidly literalist approach that applies the plain language of a statute is drastically at odds with the approach that the United States Supreme Court employs in interpreting federal statutes.
It appears that the cause of the change in perspective by this Court is rooted in the personal views of Associate Justice Antonin Sealia of the United States Supreme Court. In Mclntire, the Michigan Supreme Court adopted as its own the Court of Appeals dissent in that
The stated rationale for rejecting Salas was the majority’s agreement with Justice Scalia’s disdainful treatment of the rule as an attempt “ ‘to divine unexpressed and nontextual legislative intent....’” Id., citing Scalia, A Matter of Interpretation: Federal Courts and the Law (New Jersey: Princeton University Press, 1997), p 21. The Court quoted Justice Scalia as opining that such attempts were “ ‘ “nothing but an invitation to judicial lawmaking.” ’ ” Mclntire, supra at 156 n 2. But the Court offered no explanation why the personal views of Justice Scalia should have prevailed over established Michigan jurisprudence with regard to construing a statute to avoid an absurd result. Neither was consideration given to the principle of stare decisis, which is respect for established precedent.
A brief review of Justice Scalia’s book reveals that his views are marked by internal inconsistencies. Justice Scalia’s main thesis with regard to statutory construction is that “[t]he text is the law, and it is the text that must be observed.” Scalia, supra at 22. He asserts that what the legislature meant as opposed to what it
As an example, Justice Scalia refers to a statute stating “defendant” when only “criminal defendant” makes sense. Id. I agree that the scrivener’s error canon of construction is an appropriate tool in determining legislative intent. But intellectual honesty requires an acknowledgement that it involves a departure from the actual language used by the Legislature or by Congress.
In a similar vein, Justice Scalia defends the use of traditional canons of construction that he states are often associated with textualism, including the canons expressio unius est exclusio alterius (expression of one thing implies exclusion of others) and ejusdem generis (limiting general language to items of the same sort as contemplated by specific language). Id. at 25-27. I certainly believe that traditional canons of construction such as these are not only appropriate, but are often extremely helpful tools in ascertaining legislative intent.
However, it must be acknowledged that they are not typically required by the statutory text itself. Rather, it may be fairly understood that the Legislature expects and intends the judiciary to employ well-established canons of construction in construing statutes. Thus, it cannot reasonably be concluded that using the canons of construction accords with a rigid adherence to applying the text of a law without regard to actual legislative intent.
While textualists generally avoid legislative history, they freely consult assorted dictionaries, make use of various linguistic arguments without benefit of linguistic study, and selectively employ canons of statutory interpretation in their textual analyses. The advocates of plain meaning textualism do so without the benefit of any principled methodology justifying these extra-statutory tools. [Cavanaugh, Order in multiplicity: Aristotle on text, context, and the rule of law, 79 NC L R 577, 595-596 (2001).]
Justice Scalia also acknowledges that the principle that a judge’s objective in interpreting a statute is to give effect to the intent of the Legislature “goes back at least as far as Blackstone.” Scalia, supra at 16 n 15, citing 1 Blackstone, Commentaries on the Laws of England 59-62, 91 (1765). Hence, the principle that courts may depart from a literal interpretation of a statute to effect legislative intent was a recognized facet of the law before our nation was founded.
Accordingly, departure from this historic principle is a remarkably activist position. Indeed, as one commentator has noted, Justice Scalia’s views on statutory construction expressed in A Matter of Interpretation are extreme. Justice Scalia compares judges who use traditional guides to statutory construction to ascertain legislative intent (other than a rigid adherence to the “plain language” of the statute) to the despotic Roman Emperor Nero.
It is also worthy to note, as does Justice MARKMAN, that Justice Scalia himself has at certain times embraced the absurd results rule. See K mart Corp v Cartier, Inc, 486 US 281, 324 n 2; 108 S Ct 1811; 100 L Ed 2d 313 (1988) (Scalia, J., concurring in part and dissenting in part). This fact further strengthens my position that this Court should not continue to follow Mclntire, which rejected the rule.
APPLICATION OF THE ABSURD RESULTS RULE TO THIS CASE
I now return to the case on appeal. The minority saving provision is found in MCL 600.5851(1) of the Revised Judicature Act (RJA). It provides that a person is entitled to defer bringing an action if the person was
MCL 500.3145(1) is the no-fault act’s statute of limitations and tolling provision.
As this Court has stated on numerous occasions, a result is absurd where it is clearly inconsistent with the
The intent behind the provision is to provide minors and the insane time to bring an action for injuries they suffered while they were unable to bring it for themselves. Nothing in the statute signals that the Legislature intended to provide such people something less than a complete cause of action. It is inconceivable that the Legislature had a good reason to create a vehicle whereby disadvantaged people could sue later but would have little or no monetary recovery.
For example, assume a nine-year-old boy was injured in an automobile accident and needed seven years to recover. If he brought suit the day he turned 18 and prevailed, he would recover nothing, because he recovered from the accident two years before. Had the Legislature actually intended to treat this person in this
Justice MARKMAN suggests that there is no absurd result here because there are “reasonable” reasons why a legislator might have wanted the outcome provided by the majority. The reader can judge for him- or herself whether a legislator would have embraced any of the imagined reasons Justice MARKMAN and Chief Justice Taylor offer.
CONCLUSION
The result that the majority reaches in this case is absurd. It is inconceivable that the Legislature intended to create a hollow cause of action for some of our most helpless and powerless citizens.
I believe that the Court should reject Mclntire’s treatment of the absurd results rule. We should reinstate the rule in Michigan and apply it in this case. The idea that the rule is outside of this Court’s constitutional authority is indefensible. Throughout all our various constitutions, the people of this state have given this Court its power knowing that, included in it, is the ability to construe statutes to avoid absurd results.
The spirit of the law should control. The absurd results rule should be applied to this case. Since it has not been applied, the result is unjust, absurd, and manifestly contrary to public policy.
461 Mich 147; 599 NW2d 102 (1999).
143 US 457, 459; 12 S Ct 511; 36 L Ed 226 (1892).
523 US 155; 118 S Ct 1135; 140 L Ed 2d 271 (1998).
The Court recognized that an absurd result would he caused by a literal interpretation of the act. It indicated that if the act were read literally, a state law against murder might not be able to be assimilated under the act. This could occur because of the existence of a federal law against assault. Id. at 161.
23 Mich 369 (1871).
58 Mich 494; 25 NW 481 (1885).
See People v Schoenberg, 161 Mich 88; 125 NW 779 (1910).
See Attorney General v Detroit U R Co, 210 Mich 227; 177 NW 726 (1920).
See Garwols v Bankers Trust Co, 251 Mich 420, 427-428; 232 NW 239 (1930), quoting Holy Trinity, supra at 459.
See Webster v Rotary Electric Steel Co, 321 Mich 526; 33 NW2d 69 (1948).
See State Hwy Comm’r v Detroit City Controller, 331 Mich 337; 49 NW2d 318 (1951).
See People v Bailey, 10 Mich App 636; 160 NW2d 380 (1968).
See Franges v Gen Motors Corp, 404 Mich 590; 274 NW2d 392 (1979).
See Michigan Humane Society v Natural Resources Comm, 158 Mich App 393; 404 NW2d 757 (1987).
See Karpinski v St John Hosp-Macomb Ctr Corp, 238 Mich App 539; 606 NW2d 45 (1999).
Recently in Costa v Community Emergency Med Services, Inc, 475 Mich 403; 716 NW2d 236 (2006), the Court called into question the continuing relevance of Mclntire in Michigan by using an absurd-results-type analysis in reaching its decision.
See Ex parte Watley, 708 So 2d 890, 893 (Ala, 1997), quoting Singer, Sutherland Statutory Construction (5th ed), § 45.11, p 61 (stating that it is “ ‘fundamental’ ” that “ ‘departure from the literal construction of a statute is justified when such a construction would produce an absurd and unjust result and would clearly be inconsistent with the purposes and policies of the act in question’ ”).
See Brooks Range Exploration Co, Inc v Gordon, 46 P3d 942, 945-946 (Alas, 2002) (“[Wjhere the literal interpretation of a statute would lead to absurd results, courts can interpret the words of the statute to agree with the intention of the legislature.”).
See Madden v Aldrich, 346 Ark 405, 412-413; 58 SW3d 342 (2001) (“[Sjtatutes will not be given a literal interpretation if it leads to absurd consequences that are clearly contrary to legislative intent.”).
See In re JW, 29 Cal 4th 200, 210; 126 Cal Rptr 2d 897; 57 P3d 363 (2002) (“[W]e have often said that courts will not give statutory language a literal meaning if doing so would result in absurd consequences that the Legislature could not have intended.”).
See Colorado Dep’t of Corrections v Nieto, 993 P2d 493, 501 (Colo, 2000), quoting AviComm, Inc v Colorado Pub Utilities Comm, 955 P2d 1023, 1031 (Colo, 1998) (“ ‘[T]he intention of the legislature will prevail over a literal interpretation of the statute that leads to an absurd result.’ ”).
See Director of Revenue v CNA Holdings, Inc, 818 A2d 953, 957 (Del, 2003), quoting Newtowne Village Service Corp v Newtowne Rd Dev Co, Inc, 772 A2d 172, 175 (Del, 2001) (indicating that ambiguity in a statute allows for judicial interpretation “ ‘if a literal reading of the statute would lead to an unreasonable or absurd result not contemplated by the legislature’ ”).
See Joshua v Gainesville, 768 So 2d 432, 435 (Pla, 2000), quoting Las Olas Tower Co v Fort Lauderdale, 742 So 2d 308, 312 (Fla Dist App, 1999) (stating that a rule of statutory construction is that “ ‘a literal interpretation need not be given the language used when to do so would lead to an unreasonable conclusion or defeat legislative intent or result in a manifest incongruity’ ”).
See State v Guillermo, 91 Hawaii 307, 316; 983 P2d 819 (1999) (stating that the court may depart from a plain reading of a statute where a literal interpretation would lead to absurd or unjust results).
See Driver v SI Corp, 139 Idaho 423, 427; 80 P3d 1024 (2003) (“The plain meaning of a statute therefore will prevail unless clearly expressed
See In re DF, 208 Ill 2d 223, 230; 802 NE2d 800 (2003) (declining to apply a “plain language or literal reading” of the statutory provision at issue with reference to the principle that a court “is not bound by the literal language of a statute that produces a result inconsistent with clearly expressed legislative intent, or that yields absurd or unjust consequences not contemplated by the legislature”).
See State v Duggan, 793 NE2d 1034, 1038 (Ind, 2003) (explaining that in examining a statute, “it is often necessary to avoid excessive reliance on a strict literal meaning” and that the legislature “is presumed to have intended the language used in the statute to be applied logically and not to bring about an unjust or absurd result”).
See Metro Riverboat Assoc, Inc v Louisiana Gaming Control Bd, 797 So 2d 656, 662 (La, 2001) (construing statute “to avoid the potential constitutional questions raised by a literal interpretation” and “to avoid the absurd results that would result from such a reading”).
See Guiggey v Great Northern Paper, Inc, 704 A2d 375, 377 (Me, 1997) (noting that statutory interpretation is controlled by a statute’s plain meaning unless the plain meaning leads to absurd results).
See Commonwealth v Wallace, 431 Mass 705, 708; 730 NE2d 275 (2000), quoting Lexington v Town of Bedford, 378 Mass 562, 570; 393 NE2d 321 (1979) (“ ‘A literal construction of statutory language will not be adopted when such a construction will lead to an absurd and unreasonable conclusion....’”).
See Mutual Service Cas Ins Co v League of Minnesota Cities Ins Trust, 659 NW2d 755, 762 (Minn, 2003) (recognizing that the court may “disregard the plain language of a statute only where the legislative purpose was clear and the plain meaning would utterly confound that purpose”).
See Lewis v Gibbons, 80 SW3d 461, 465-466 (Mo, 2002) (stating that statutory construction “is not to be hyper-technical” and declining to apply an interpretation of statutory language that it found to be “inconsistent with the intention of the legislature, unreasonable and absurd”).
See Hiett v Missoula Co Pub Schools, 317 Mont 95, 104; 75 P3d 341 (2003), quoting State v Price, 310 Mont 320, 326; 50 P3d 530 (2002) (noting that the court must “ ‘construe each statute so as to avoid an absurd result’ ”).
See Premium Farms v Holt Co, 263 Neb 415, 423-424; 640 NW2d 633 (2002) (stating that “we are guided by the presumption that the Legislature intended a sensible, rather than an absurd, result in enacting the
See Pellegrini v State, 117 Nev 860, 873-874; 34 P3d 519 (2001) (setting forth principles that “words in a statute will generally be given their plain meaning, unless such a reading violates the spirit of the act” and that “we must construe statutory language to avoid absurd or unreasonable results”).
See Simpson v Young, 153 NH 471, 479; 899 A2d 216 (2006) (“We enforce the statute as written, unless it leads to an absurd result, and leave policy decisions to the legislature.”)
See Hubbard v Reed, 168 NJ 387, 392; 774 A2d 495 (2001), quoting Turner v First Union Nat’l Bank, 162 NJ 75, 84; 740 A2d 1081 (1999) (“ ‘[Where a literal interpretation would create a manifestly absurd result, contrary to public policy, the spirit of the law should control.”).
See State v Davis, 134 NM 172, 175; 74 P3d 1064 (2003) (stating that if “adherence to the literal use of the words would lead to injustice, absurdity or contradiction,” then “the statute is to be construed according to its obvious spirit or reason”).
See Desiderio v Ochs, 100 NY2d 159, 172; 761 NYS2d 576; 791 NE2d 941 (2003) (“Our well-established rules of statutory construction prevent us from looking behind the unambiguous language of a statute unless an absurd result would obtain from its application.”) (citation omitted).
See Frye Regional Med Ctr, Inc v Hunt, 350 NC 39, 45; 510 SE2d 159 (1999), quoting Mazda Motors of America, Inc v Southwestern Motors, Inc, 296 NC 357, 361; 250 SE2d 250 (1979), quoting State v Barksdale, 181 NC 621, 625; 107 SE 505 (1921) (“ ‘ “[Wjhere a literal interpretation of the language of a statute will lead to absurd results, or contravene the manifest purpose of the Legislature, as otherwise expressed, the reason and purpose of the law shall control and the strict letter thereof shall be disregarded.” ’ ”).
See Shiek v North Dakota Workers Compensation Bureau, 634 NW2d 493, 499 (ND, 2001) (“[I]f adherence to the strict letter of the statute would lead to an absurd or ludicrous result, a court may resort to extrinsic aids, such as legislative history, to interpret the statute.”).
See Hubbard v Canton City School Bd of Ed, 97 Ohio St 3d 451, 453; 780 NE2d 543 (2002) (“Courts give words in a statute their plain and ordinary meaning unless legislative intent indicates a different meaning.”).
See Bishop v Takata Corp, 12 P3d 459, 466 n 30 (Okla, 2000) (“The plain meaning of statutory language is conclusive except in the rare case in which literal construction will produce a result demonstrably at odds with the intention of the Legislature.”).
See Park v Ford Motor Co, 844 A2d 687, 692 (RI, 2004), quoting Providence Journal Co v Rodgers, 711 A2d 1131, 1134 (RI, 1998) (“We do not ‘ “interpret a legislative enactment literally when to do so would provide a result at odds with its legislative intent.” ’ ”).
See Hodges v Rainey, 341 SC 79, 91; 533 SE2d 578 (2000), quoting Ray Bell Constr Co, Inc v Greenville Co School Dist, 331 SC 19, 26; 501 SE2d 725 (1998) (courts will reject ordinary meaning of statutory language, “[h] owe ver plain,” if “to accept it would lead to a result so plainly absurd that it could not possibly have been intended by the Legislature or would defeat the plain legislative intention”).
See Slama v Landmann Jungman Hosp, 654 NW2d 826, 828 (SD, 2002), quoting In re Petition of Famous Brands, Inc, 347 NW2d 882, 885 (SD, 1984) (“ ‘[RJesorting to legislative history is justified only when legislation is ambiguous, or its literal meaning is absurd or unreasonable.’ ”).
See Heirs of Ellis v Estate of Ellis, 71 SW3d 705, 712 (Tenn, 2002), quoting Tennessee Title Co v First Fed S & L Ass’n, 185 Tenn 145, 154; 203 SW2d 697 (1947) (“[W]here the ‘carrying out of the legislative intention, which is the prime and sole object of all rules of construction, can only be accomplished by departure from the literal interpretation of the language employed,’ then the legislative intent should be applied over ‘the literal import of the words.’ ”).
See Helena Chemical Co v Wilkins, 47 SW3d 486, 493 (Tex, 2001) (stating that “[e]ven when a statute is not ambiguous on its face, we can consider other factors to determine the Legislature’s intent” and articulating various factors, including the circumstances of the statute’s enactment and the legislative history).
See Jackson v Mateus, 70 P3d 78, 83 (Utah, 2003), quoting Millett v Clark Clinic Corp, 609 P2d 934, 936 (Utah, 1980) (stating that “[a]n ordinance should be applied according to its literal wording, unless such a reading is unreasonable, confused, inoperable, or in blatant contravention of the express purpose of the statute” and that “ ‘statutory enactments are to be so construed as to render all parts thereof relevant and meaningful, and interpretations are to be avoided which render some part of a provision nonsensical or absurd.’ ”).
See Town of Killington v State, 172 Vt 182, 189; 776 A2d 395 (2001) (“When the plain meaning of statutory language appears to undermine
See Shelor Motor Co Inc v Miller, 261 Va 473, 479; 544 SE2d 345 (2001) (“We must determine the intent of the General Assembly from the words contained in the statute, unless a literal construction of the statute would yield an absurd result.”).
See Fraternal Order of Eagles v Grand Aerie of Fraternal Order of Eagles, 148 Wash 2d 224, 239; 59 P3d 655 (2002) (stating that the court “will avoid literal reading of a statute which would result in unlikely, absurd, or strained consequences”).
See Taylor-Hurley v Mingo Co Bd of Ed, 209 W Va 780, 787; 551 SE2d 702 (2001), quoting State ex rel Frazier v Meadows, 193 W Va 20, 24; 454 SE2d 65 (1944) (stating a recognition of the need to depart from statutory language “ ‘in exceptional circumstances’ ” and, accordingly, that courts “ ‘may venture beyond the plain meaning of a statute in the rare instances in which there is a clearly expressed legislative intent to the contrary’ ” or “ ‘in which a literal application would defeat or thwart the statutory purpose’ ”).
See Hamilton v Hamilton, 261 Wis 2d 458, 478; 661 NW2d 832 (2003) (noting that “[o]ne of the few exceptions” to the principle that plain and unambiguous statutory language is applied without farther analysis is “that the court will seek to avoid a truly absurd or unreasonable result”).
See Abeyta v State, 42 P3d 1009, 1012 (Wy, 2002) (stating that the court will not construe a statute in a way that “produces an absurd result”).
This distinction between federal case law and currently prevailing Michigan case law regarding statutory construction is important for Michigan courts at all levels to hear in mind. Holdings of the Michigan Supreme Court require lower Michigan courts to generally adhere to a rigidly literal application of the language of Michigan statutes even if this produces absurd results. However, there are decisions of the United States Supreme Court indicating that it is appropriate to depart from a literal interpretation to avoid absurd results or to further congressional intent. It is axiomatic that these decisions apply when Michigan courts are called on to interpret federal statutes, as sometimes happens.
I realize that I signed the opinion in Mclntire. I have since recognized my mistake and have rejected the views on statutory construction expressed in that opinion. See Halloran v Bahn, 470 Mich 572, 588; 683 NW2d 129 (2004) (Kelly, J., dissenting); Koontz v Ameritech Services, Inc, 466 Mich 304, 326; 645 NW2d 34 (2002) (Kelly, J., dissenting); People v Clemens, 462 Mich 864, 865 (2000) (Kelly, J., dissenting).
See Cavanaugh, supra at 593 n 50 (referring to the relevant language in Scalia’s hook and noting that “[i]t is important to recognize that for Justice Scalia there appears no distinction between interpretation by judges (elected or not) and the edicts of tyrants”). In the referenced
Section 3145(1) of the no-fault act provides:
An action for recovery of personal protection insurance benefits payable under this chapter for accidental bodily injury may not be commenced later than 1 year after the date of the accident causing the injury unless written notice of injury as provided herein has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment of personal protection insurance benefits for the injury. If the notice has been given or a payment has been made, the action may be commenced at any time within 1 year after the most recent allowable expense, work loss or survivor’s loss has been incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced. [Emphasis added.]
I do not advance here a personal policy judgment, as Justice Markman insists. The saving clause was a policy judgment of the Legislature. I do not, as he asserts, define an “absurd result” as one that is “imperfect or flawed” or “less ‘consistent’ and less ‘effective’ than it could have been.” Ante at 85. My definition of “absurd result” is one given by this Court.
What legislator would find it reasonable to reduce the cost of insurance by leaving children and the insane with little or no recovery for their injuries? It is quite unthinkable that a legislator would intentionally vote for a bill that did that.
Reference
- Full Case Name
- Cameron v. Auto Club Insurance Association
- Cited By
- 114 cases
- Status
- Published