St. Clair County Circuit Court; Docket No. 10-87; Unpublished
Judge James T. Corden; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a written Opinion, St Clair County Circuit Judge James T. Corden refused to extend the Court of Appeals decision in Citizens Insurance v Tuttle (item number 299) to afford tort immunity to a railroad defendant in a personal injury action. Judge Corden held that the Tuttle Opinion "stands only for a 'tangible property' exception to tort liability and the defendant should not be accorded the benefit of tort immunity for plaintiff’s claim to economic losses below the statutory threshold."