United States District Court, Western District; Case No. G89-50658-CZ;
Judge Robert Holmes Bell; Unpublished
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this memorandum Opinion, Judge Bell holds that the United States Government's tort liability for economic loss arising out of the ownership, maintenance or use of an automobile driven by a government employee is abolished pursuant to §3135 of the Michigan No-Fault Act. The United States Government's immunity from such liability is no different than that granted to a private citizen pursuant to the no-fault statute.
This case involved an accident which occurred when a United States mail vehicle collided with the plaintiffs car, resulting in economic loss. Suit was originally filed in state district court, but was removed to federal court upon certification by the United States Attorney. Apparently, the plaintiff insurer had brought a prior action in federal court for non-economic damages arising out of the accident which had been dismissed. Notwithstanding the no-fault statute's bar for non-economic loss, plaintiff would be collaterally estopped to assert its claim in any event.