Opinion
No. 6 November Term 1973, Docket No. 54,548.
Decided November 21, 1973.
Appeal from Court of Appeals, Division 1, R.B. Burns, P.J., and Holbrook and Danhof, JJ., affirming in part and reversing in part Wayne, Charles S. Farmer, J. Submitted November 7, 1973. (No. 6 November Term 1973, Docket No. 54,548.) Decided November 21, 1973.
44 Mich. App. 166 affirmed.
Complaint by Max Abrams and Pearl Abrams against Elayne M. Sinon and Dawn M. Sinon for damages for injuries sustained in an automobile collision. Wayne County Circuit Court affirmed an accelerated judgment for defendants granted by the Common Pleas Court of Detroit. Plaintiffs appealed to the Court of Appeals. Affirmed in part, reversed in part. Defendant Elayne M. Sinon appeals. Affirmed.
Friedman Cohen, for plaintiffs.
Rouse, Selby, Dickinson, Pike Mourad (by Michael B. Haber), for defendant Elayne M. Sinon.
This case involves the interpretation and application of the Michigan civil liability act MCLA 257.401; MSA 9.2101.
We are satisfied that the opinion of Judge R.B. BURNS for the Court of Appeals, 44 Mich. App. 166; 205 N.W.2d 295 (1972), correctly and adequately treats of the law and governing principle. We hold that the immunity of the driver of the automobile under the Federal drivers act (75 Stat 539 [1961], 28 USCA 2679[b]) does not bar an action under the Michigan civil liability act against the owner of the automobile for injury occasioned by the negligent operation of the automobile.
Affirmed. Costs to appellees.
T.M. KAVANAGH, C.J., and T.E. BRENNAN, T.G. KAVANAGH, SWAINSON, WILLIAMS, LEVIN, and M.S. COLEMAN, JJ., concurred.