Michigan Court of Appeals; Docket Nos. 52343 and 52770; Unpublished
Judges Walsh, Riley, and Kuhn; Per Curiam
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:
Legislative Purpose and Intent
CASE SUMMARY:
In this short per curiam Opinion, the Court of Appeals concluded that the tort abrogation provisions of §3135 of the Act applied in a tort suit involving the alleged negligence of Ford Motor Company in loading four large metal dies on a flatbed truck trailer. The metal dies slid off the trailer, causing extensive damage to another motor vehicle owned by plaintiff. Plaintiff paid for extensive damage to the vehicle struck by the metal dies and subsequently filed suit against Ford Motor Company and the driver of the flatbed trailer.
The court concluded that the liability of both the driver of the flatbed truck and Ford Motor Company is a liability which "arises out' of the ownership, maintenance or use of a motor vehicle. Therefore, both defendants may employ the tort abrogation provisions of the No-Fault Statute to avoid liability for the property damage caused by the sliding dies."
[Author's Comment: In light of the Supreme Court's subsequent opinion in Citizens Ins Co v Tuttle (Item No. 429), the court's holding that Ford Motor Company could claim the protections of §3135 of the No-Fault Statute is most likely erroneous.]
