Caradonna v. Arpino

Plaintiff Alfio Caradonna was injured in an automobile accident on October 14, 1981, when his car was rear-ended by a car owned by defendant Jerry Krygiell and driven by Kenneth Arpiño. In this suit for noneconomic losses under the no-fault act, defendant’s liability was predicated solely on the automobile owners’ liabil ity statute, MCL 257.401; MSA 9.2101. In a pretrial ruling, the trial court determined that as a matter of law defendant impliedly consented to Arpino’s use of his vehicle, and thus could be held liable for plaintiffs noneconomic losses if proven. Following trial, however,…