10th Judicial District Court; Docket No. 78-3743: Unpublished
Judge Alfonso A. Magnotta; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion, District Judge Magnotta held that under the Court of Appeals decision in Citizens Insurance Company v Tuttle (item number 317) an insurance company who became subrogated to a property damage claim sustained by its insured motorist, could not sue the defendant automobile manufacturer whose defective workmanship was the operative cause of the property damage. Judge Magnotta held that even though the Citizens decision was "not on all fours" with this fact situation, it still was controlling. Judge Magnotta was critical of the potential overbreadth of the Citizens decision. He commented, "If all liability of whatever defendant is abolished when an automobile is involved, in accordance with the present defendants and the Citizens v Tuttle interpretation, then no owner of cattle, designer or constructor of highways, architect or engineer would be liable in tort for noneconomic loss as well because only the owner, mechanic or driver is subject to that liability according to §3135 (1) and by reference §3135(2)(b)."
