Genesee County Circuit Court; Docket No. 77-46120-ND; Unpublished
Judge Philip C. Elliott
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Liability for Intentionally Caused Harm [§3135(3)(a)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a written Opinion, Judge Elliott ruled that under the tort liability restrictions of §3135, a tort action for property damage could not be maintained by the owners of a home against a truck which backed into their house and garage causing substantial damage to the structure and contents. The plaintiff’s sought tort relief because the one year statute of limitations for recovery of property protection benefits had expired. Judge Elliott rejected plaintiff’s theory that such an action could be maintained under §3135(2Xa) on the basis that the truck's actions constituted a trespass and thus an "intentional" act Judge Elliott ruled that the plaintiffs cannot avoid the tort abrogation sections of the statute by merely labeling the cause of action a "trespass." Even though the conduct of the truck driver was a trespass and thus an intentional tort, the collision with the building was not intentional and thus is not exempted from the statutory abolition of tort liability. Accordingly, summary judgment was granted in favor of defendant/truck owner.
