United States District Court, Eastern District of Michigan; Docket No. 89-CV71161-DT;
Opinion by Judge Patrick Duggan; Unpublished
Official Federal Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Motor Vehicle Code (Civil Liability of Owner) (MCL 257.401)
Motor Vehicle Code (Definition of Owner) (MCL 257.37) (MCL 257.401a)
CASE SUMMARY:
In this written Opinion dealing with the definition of "owner" under the Owner Liability Statute (MCLA 257.401), Judge Duggan held that the May 23, 1988 amendment to the statute regarding the non-owner status of commercial lessors was intended to be remedial and should thus be given retroactive effect. The amendment states: "Owner does not include a person engaged in the business of leasing motor vehicles who is the lessor of a motor vehicle pursuant to a lease providing for the use of the motor vehicle by the lessee for a period that is greater than 30 days." In ruling that this amendment was intended to be remedial and thus given retroactive effect, the court stated that it neither deprives an injured plaintiff of a cause of action nor does it change the fact that the owner of a vehicle is liable. It merely clarifies who is an owner by specifying that where the title holder is in the business of leasing motor vehicles and leases a vehicle for more than 30 days, only the lessee is the owner.
