United States Sixth Circuit

In an action brought against the government arising from injuries sustained by plaintiff when she was struck by a USPS postal truck, a district court's ruling that pursuant to the Federal Tort Claims Act, Michigan state law (in this case the Michigan No-Fault Automobile Insurance Act) applies to plaintiff's claim for personal injury benefits is affirmed. However, a grant of economic damages to plaintiff is reversed where, because the government can be held liable without a finding of fault pursuant to the No-Fault Act, plaintiff cannot recover economic damages. Lastly, a determination that plaintiff was not entitled to interest and attorneys' fees is affirmed.

Appellate Information

• Decided 03/30/2010
• Published 03/30/2010

Judges

• Before:  CLAY and McKEAGUE, Circuit Judges;  POLSTER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Lawrence T. Garcia, Allen Brothers, PLLC, Detroit, Michigan, for Appellant.  Sushma Soni, United States Department of Justice, Washington, D.C., for Appellees.   ON BRIEF:  Lawrence T. Garcia, Allen Brothers, PLLC, Detroit, Michigan, for Appellant.  Sushma Soni, Thomas M. Bondy, United States Department of Justice, Washington, D.C., for Appellees.