Avers v Chesapeake and Ohio Railway Co; (SCC-UNP, 11/12/1980; RB #365)

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St. Clair County Circuit Court; Docket No. 10-87; Unpublished    
Judge James T. Corden; Written Opinion  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
General / Miscellaneous [§3135]

TOPICAL INDEXING:
Legislative Purpose and Intent   


CASE SUMMARY:    
In a written Opinion, St Clair County Circuit Judge James T. Corden refused to extend the Court of Appeals decision in Citizens Insurance v Tuttle (item number 299) to afford tort immunity to a railroad defendant in a personal injury action. Judge Corden held that the Tuttle Opinion "stands only for a 'tangible property' exception to tort liability and the defendant should not be accorded the benefit of tort immunity for plaintiff’s claim to economic losses below the statutory threshold."