Michael F. Schmidt Defeats Claim By Municipality For Property Damage Against Vehicle Operator

City of Fenton v Robert William Gaffney, Jr., Genesee County District Court 67—4A, claim by the City of Fenton pursuant to a City of Fenton ordinance to collect expenses for environmental clean up following an auto accident. We represented the defendant motor vehicle operator and argued that the claim was improper, because any claim for property damage arising out of a motor vehicle accident was properly made pursuant to the No Fault Law against the motor vehicle owner’s no fault insurer pursuant to MCL 500.3121. The trial court agreed and granted summary disposition holding that the city had improperly sued the motor vehicle operator and not the insurer.