Young v. Michigan

429 N.W.2d 642, 171 Mich. App. 72
CourtMichigan Court of Appeals
DecidedSeptember 6, 1988
DocketDocket 102882, 102883
StatusPublished
Cited by3 cases

This text of 429 N.W.2d 642 (Young v. Michigan) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Young v. Michigan, 429 N.W.2d 642, 171 Mich. App. 72 (Mich. Ct. App. 1988).

Opinion

Hood, J.

Plaintiffs, Veralyn Young, as next friend of Lynda Lee Young, a minor, Ricardo Contreras, and Barbara J. Mead, personal representative of the estate of Hope Elizabeth Margaret Green, deceased, appeal as of right a Court of Claims order entered August 19, 1987, denying plaintiffs’ motions to assess prejudgment interest. We reverse.

The facts are uncontroverted. The plaintiffs’ causes of action arose out of an automobile accident in Ottawa County. Plaintiff Young filed suit *74 against the defendant on September 1, 1982. Plaintiffs Contreras and Mead filed suit against defendant on December 8, 1982. During the course of litigation, defendant did not make any offer of settlement. The cases were consolidated, and a bench trial took place on November 17-21, 1986. A judgment was entered in favor of all the plaintiffs on February 25, 1987. Plaintiff Contreras was awarded $124,146.42, plaintiff Mead was awarded $52,067.00, and plaintiff Young was awarded $831,-047.01. The judgment provided that each of these judgments were with interest and costs to be taxed.

An order taxing costs was entered on May 6, 1987. The principal amount was satisfied for plaintiff Contreras on March 30, 1987, for plaintiff Mead on April 16, 1987, and for plaintiff Young on April 1, 1987. The taxed costs were also paid by defendant.

In this matter of first impression, the sole issue is whether prejudgment interest should be awarded under MCL 600.6455; MSA 27A.6455, as amended by 1986 PA 178, effective October 1, 1986. Each plaintiff filed a motion for the trial court to make a determination in regard to prejudgment interest. A hearing on this matter was held and the court denied plaintiffs’ motions. This appeal followed.

The subsections of MCL 600.6455; MSA 27A.6455 applicable to the issue in the case are as follows:

(1) Interest shall not be allowed upon any claim up to the date of the rendition of judgment by the court, unless upon a contract expressly stipulating for the payment of interest. All judgments from the date of the rendition of the judgment shall carry interest at the rate of 12% per annum *75 compounded annually, except that judgment upon a contract expressly providing for interest shall carry interest at the rate provided by the contract in which case provision to that effect shall be incorporated in the judgment entered. This subsection shall apply to any civil action based on tort filed on or after July 9, 1984. This subsection shall apply to any action, other than a civil action based on tort, filed on or after July 1, 1984 and any action pending before the court of claims on July 9, 1984.
(2) Except as otherwise provided in this subsection, for complaints filed on or after January 1, 1987, interest on a money judgment recovered in a civil action shall be calculated from the date of filing the complaint at a rate of interest which is equal to 1% plus the average interest rate paid at auctions of 5-year United States treasury notes during the 6 months immediately preceding July 1 and January 1, as certified by the state treasurer, and compounded annually, pursuant to this section.
(5) Except as otherwise provided in subsection (3), if a bona fide, reasonable written offer of settlement in a civil action based on tort is not made by the party against whom the judgment is subsequently rendered, or is made and that offer is not filed with the court, the court shall order that interest be calculated from the date of filing the complaint to the date of satisfaction of the judgment.

Subsection (1) of the current statute is essentially the same as the entire previous statute. The specification of the date of July 9, 1984, in the current subsection (1) parallels the previous subsection (2), because this was the date that the prior statute became effective. However, the current statute has several additional subsections.

Plaintiffs concede that, if the current statute *76 stopped after subsection (4), they would not be entitled to prejudgment interest. Their cases were filed before July 9, 1984. However, trial was held and judgment entered after October 1, 1986, the effective date of the current statute. Subsection (5) of the current statute, however, provides that in civil actions based on tort, if no bona fide written offer of settlement is made by the party against whom judgment is eventually rendered, the trial court shall order that interest be calculated from the date of filing the complaint to the date of satisfaction of judgment. Defendant did not make a bona fide offer of settlement to any of plaintiffs.

The trial court held that MCL 600.6455; MSA 27A.6455 is to be applied prospectively. Its reasoning was that the general rule of construction is that statutes are to be applied prospectively unless they clearly state otherwise. Therefore, the trial court denied plaintiffs’ motions for prejudgment interest.

As previously indicated, this is a case of first impression with respect to the interpretation to be given to this specific statute. While subsection (1) states to what cases subsection (1) shall apply, subsection (5) does not specifically indicate when subsection (5) is to apply.

The general rule is that the statute is presumed to operate prospectively unless a contrary intent is clear. McGillis v Aida Engineering, Inc, 161 Mich App 370, 373; 410 NW2d 817 (1987). Allstate Ins Co v Faulhaber, 157 Mich App 164, 166; 403 NW2d 527 (1987). However, if a statute is remedial in nature, an exception to the general rule is recognized. McGillis, supra.

If a statute is unambiguous, this Court will avoid further interpretation and will not vary the clear meaning of the statute. However, if the statute is ambiguous, it is this Court’s duty to *77 effect the intent of the Legislature. Action Auto, Inc v Anderson, 165 Mich App 620, 628; 419 NW2d 36 (1988).

It is also a well established rule of statutory construction that none of the language of a statute should be treated as surplusage or rendered nugatory, if at all possible. Elliott v Genesee Co, 166 Mich App 11, 15; 719 NW2d 462 (1988). As we stated in Action Auto, supra, p 628:

Additionally, ambiguous statutes are to be interpreted as a whole and construed so as to give effect to each provision and to produce a harmonious and consistent result. Specific words in a given statute are to be assigned their ordinary meaning, unless a different interpretation is indicated. Erickson v Dep’t of Social Services, 108 Mich App 473; 310 NW2d 428 (1981). Further, the word "shall” is generally used to designate a mandatory provision, where the word "may” designates a provision which grants discretion. See, e.g., Law Dep’t Employees Union v City of Flint, 64 Mich App 359; 235 NW2d 783 (1975).

The Legislature has clearly deemed MCL 600.6455; MSA 27A.6455 a remedial statute. It is part of the Revised Judicature Act. MCL 600.102; MSA 27A.102 states:

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Bluebook (online)
429 N.W.2d 642, 171 Mich. App. 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-michigan-michctapp-1988.