Wood v. DAIIE

In Wood v. DAIIE, 413 Mich 573; 321 N.W.2d 653 (1982), Plaintiff brought an action against an insurer for personal injury protection benefits due him as a result of injuries incurred in an accident with the defendant's insured and demanded a jury trial. Defendant answered and also demanded a jury trial. Id. at 576. A default judgment was entered after defendant failed to answer interrogatories and comply with two orders of the court compelling responses. Plaintiff notified defendant of a hearing on the default judgment and defendant did not respond. Defense counsel answered interrogatories one day before the hearing, attended the hearing, but was denied participation in the hearing itself. Id. The case was appealed and the Supreme Court of Michigan reviewed the case in order to definitely decide if when a defaulting party has a right to participate in further proceedings in order to determine the amount of damages whether the party also has a right to a jury trial on the damages issue. Id. at 578. The court stated that it is within the trial court's discretion whether to hold further proceedings on the question of damages. Id. However, should the court so decide, then so long as the party has properly invoked his right to a jury trial, then the party has a right to have a jury determine the issue of damages. Id. 589.