DEPT. OF TRANS. v. NORTH CENTRAL COOP. LLC

Docket No. 268432.

750 N.W.2d 234 (2008)

277 Mich. App. 633

DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. NORTH CENTRAL COOPERATIVE LLC, Defendant-Appellee.

Court of Appeals of Michigan.

Decided January 24, 2008, at 9:00 a.m.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Patrick F. Isom and Joshua W. Gubkin, Assistant Attorneys General, for the plaintiff.

Harvey Kruse, P.C. (by Michael J. Guss and Anne V. McArdle), Flint, for the defendant.

Before: MURPHY, P.J., and ZAHRA and SERVITTO, JJ.


SERVITTO, J.

Plaintiff appeals as of right the circuit court's order granting summary disposition in defendant's favor. Because the requirement of the Michigan Motor Carrier Safety Act, MCL 480.11 et seq., that transporters of hazardous materials maintain $5 million in security creates an exception to the no-fault act's $1 million cap on damages, and neither res judicata nor compulsory joinder bars the present action...

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