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160242 - Keith Bronner v City of Detroit

Keith Bronner,

 

 

 

Plaintiff,

 

and

 

 

 

 

 

Angels With Wings Transport, LLC,

 

 

 

Intervening Plaintiff,

 

v

(Appeal from Ct of Appeals)

(Wayne – Ewell, E.)

 

City of Detroit,

 

Charles Raimi

 

Defendant/Third-Party Plaintiff-Appellant,

 

and

 

 

 

 

 

GFL Environmental USA, Inc., f/k/a Rizzo Environmental Services,

 

Anthony Caffrey

 

Third-Party Defendant-Appellee.

 

Summary

The plaintiff was injured while he was a passenger on a Detroit city bus that was hit by a garbage truck owned by GFL Environmental USA, Inc.  The City, a self-insured entity under the no-fault act, paid the plaintiff personal protection insurance (PIP) benefits.  The City had a trash collection services contract with GFL that contained an indemnification provision.  The City sued GFL for indemnification of the PIP benefits paid to the plaintiff as a result of GFL’s driver’s negligence.  Both GFL and the City moved for summary disposition.  The trial court ruled that the City was contractually entitled to indemnification and granted the City’s motion and denied GFL’s motion.  The Court of Appeals reversed in an unpublished opinion, concluding that because the indemnification provision is unenforceable under the no-fault act, the City is precluded from obtaining indemnification from GFL.  The Supreme Court has ordered oral argument on the application to address whether the Court of Appeals erred in holding that the no-fault insurance act, MCL 500.3101 et seq., precluded the City from seeking contractual indemnification from GFL for the City’s payment of PIP benefits. ​