Department of Transportation v. North Central Cooperative LLC

Flaintiff 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 mil*635lion 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, we reverse and remand for further proceedings.

This lawsuit arises out of an accident involving a tanker truck, owned by defendant and operated by defendant’s employee, that was transporting…