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NORFOLK & WESTERN RY. CO. v. AUTO CLUB INS. ASS'N

No. 88-1407.

894 F.2d 838 (1990)

NORFOLK & WESTERN RAILWAY COMPANY, Plaintiff-Appellee, v. AUTO CLUB INSURANCE ASSOCIATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 29, 1990.

Rehearing Denied March 9, 1990.

Attorney(s) appearing for the Case

David G. Chardavoyne (argued), Bodman, Long & Dahling, Detroit, Mich., for plaintiff-appellee.

Mary T. Nemeth (argued), James G. Gross, MacArthur, Cheatham & Acker, Charles A. Pfeffer, Brandt, Hanlon & Becker, Detroit, Mich., for defendant-appellant.

Before KRUPANSKY and BOGGS, Circuit Judges, and ENGEL, Senior Circuit Judge.

ENGEL, Senior Circuit Judge.

In this Michigan diversity case, defendant Auto Club Insurance Association (ACIA) appeals a judgment awarding plaintiff Norfolk & Western Railway Company (N & W) $300,000 damages under Michigan's "no fault" statute. At issue is whether the limitation period built into the no-fault statute can be tolled and, if so, how and how long.

On May 2, 1985, Michael Alfrey drove an automobile into the side of a moving N & W train...

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