United States District Court for the Western District of Michigan, Southern Division; Docket No. l:91CV-698;
Honorable Robert Holmes Bell; Unpublished
Official Federal Reporter Citation: Not Applicable; Link to Opinion
General / Miscellaneous [§3135]
Legislative Purpose and Intent
In this written Opinion by Judge Bell, the United States District Court held that the tort abrogation provisions of §3135 of the Michigan No-Fault Statute did not apply to the United States Government, when the federal government sued a Michigan citizen for auto accident damage to a government vehicle.
The court relied upon the Sixth Circuit decision in US v Ferguson, 727 F2d 555 (CA 6,1984) as controlling authority. Under the Ferguson case, the United States Government is exempt from the effect of the Michigan No-Fault Act and can maintain a negligence action against the defendant premised upon federal common law.