Michigan Wrongful-conduct rule

The wrongful-conduct rule bars a claim where “‘a plaintiff’s action is based, in whole or in part, on his own illegal conduct.’” Hashem v Les Stanford Oldsmobile, Inc, 266 Mich App 61, 89; 697 NW2d 558 (2005), quoting Orzel v Scott Drug Co, 449 Mich 550, 558; 537 NW2d 208(1995). In a wrongful death action, the plaintiff, as the representative of the decedent’s estate, “has no better claim than the decedent would have had.” Hashem, supra at 88 n 10, citing Toth v Goree, 65 Mich App 296, 298; 237 NW2d 297 (1975). Thus, where there is “a sufficient causal nexus between” the decedent’s illegal conduct and the decedent’s damages, which in this case are her death, the wrongful-conduct rule will bar any recovery by plaintiff. Hashem, supra at 89. However, the rule will not apply merely because she engaged in illegal conduct, and the rule only applies to some kinds of illegal conduct. Id. at 89-91.
Barth v Goal Tender, Unpublished. September 22, 2005, No. 262605.