Wexford County District Court; Docket No. 79-601; Unpublished
Judge Frank H. Miltner; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Nature and Scope of PPI Benefits (Property Damage and Loss of Use) [§3121(1)]
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This case involved an accident whereby a pickup truck struck a cow on a highway right of way causing both the cow and the pickup truck to be severely damaged. In a written opinion, Judge Miltner made the following rulings regarding which parties were liable for which damage:
1. The insurance company of the pickup is liable for damage to the cow under the property protection insurance benefits section of the Act (§3121, et al). This is a "strict liability" situation where the vehicle insurer will pay for the damage without regard to whether or not the vehicle was at fault.
2. The owner of the pickup truck (in this case his insurance company subrogee) has a right to sue the owner of the car in tort for damage to the pickup truck caused by the negligent supervision of the cow. The tort abrogation sections of the Act do not affect the liability of the animal owner as his liability does not arise from the ownership, maintenance, operation or use of a motor vehicle, but rather from the ownership and use of the cow. Judge Miltner cited Schwark v Lilly, 91 Mich App 189, (item number 218) as support for his position.
Thus, Judge Miltner held that if the cow owner was negligent and this negligence caused damage to the pickup, then the damage to the pickup must be determined and the value of the cow deducted from that damage. As Judge Miltner said, "In essence it is a comparative negligence situation with absolute liability on one side."
[Author's Comment: This decision is inconsistent with the subsequent decision of the Court of Appeals in Citizens v Tuttle, item number 299.]
