Michigan Court of Appeals; Docket No.104012; Unpublished
Judges Beasley, Sawyer, and Foley; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Liability of Non-Motorist Defendants [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals held that the tort abrogation provisions of §3135(2) of the No-Fault Act did not apply to preclude tort recovery for property damage sustained by a semi-truck that collided with bales of newspaper and cardboard scrap that had fallen onto the highway from another semi-tractor and trailer. The debris had been on the highway for several hours. In holding that the tort abrogation provisions of the Act did not apply, the Court stated, "we agree with plaintiffs that the accident in this case did not arise from the ownership, maintenance or use of defendant's vehicle, and that the no-fault statute is not applicable. In this case, defendant had left the scene before the accident occurred. The parties stipulated that the bales of scrap could have lain on the highway for as long as five hours before plaintiff's truck hit them. Defendant's vehicle was not the instrumentality which caused the accident. The accident was caused by defendant leaving bales of scrap sitting on the highway which created a hazardous condition in the road. We hold as a matter of law, that plaintiff’s damages do not arise out of defendant's 'ownership, maintenance or use' of a motor vehicle and that plaintiffs tort action is not barred by §3135(2)."
