United States District Court, Western District; Docket No. 76-122 C.A.;
Judge Noel Fox; Unpublished
Official Federal Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Fox addressed the novel question of whether or not the United States is prevented by the Michigan No-Fault Act from bringing an action for property damage to a government owned vehicle caused by the negligence of a Michigan driver.
The automobile struck by the Michigan resident was owned by the United States and was being operated by its employee. This tort claim was brought for property damage to the vehicle. The defendant claimed that the provisions of the No-Fault Act granted him tort immunity from the present suit.
Judge Fox held that if the Act were applicable, it would indeed bar the instant action. However, he held that the rights and responsibilities in ownership of government property are essentially of federal character, and therefore, federal law controls. The state statute which would bar recovery was held not applicable to this case.
