54-A District Court; Docket No. 74-151; Unpublished
Judge Charles F. Filice
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a Motion for Summary Judgment, District Judge Charles Filice refused to dismiss a claim for property damage to a motor vehicle which was based upon breach of contract and bailment theories. The case involved a suit for property damage by the owner of a backhoe tractor against a construction company who was hauling the tractor when it was damaged by running into a pedestrian bridge. The owner of the tractor argued that the construction company that was hauling the machine had a contractual relationship with the owner to transport the machine without damaging it In addition, the plaintiff alleged that theories of bailment applied to establish liability. Plaintiff argued that property damage claims based upon breach of contract or bailment theories were not precluded by the no-fault act in light of the fact that the statute only abolishes property damage claims based upon "tort liability."
