HB 6286

HOUSE BILL NO. 6286
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2980.
the people of the state of michigan enact:
Sec. 2980. (1)
Except as provided in subsection (2), a broker or carrier is liable to an
injured party for damages arising out of the ownership, maintenance, or use of
a commercial motor vehicle if the broker or carrier hires, retains, supervises,
or trains an employee or independent contractor to operate the commercial motor
vehicle and all of the following apply:
(a) The broker or carrier knows or should know that the employee or
independent contractor has a particular unfitness that presents a danger of
injury to third parties or damage to the property of third parties.
(b) The broker or carrier knew or should have known about the employee's
or independent contractor's particular unfitness when the broker or carrier
hired, retained, supervised, or trained the employee or independent contractor.
(c) The employee's or independent contractor's particular unfitness
would make the injured party's injury foreseeable to a person of ordinary
prudence in the broker's or carrier's position.
(d) The employee's or independent contractor's particular unfitness
caused the injured party's injury, in whole or in part.
(2) Subsection (1) does not apply if the damages were the result of a
tort arising out of the ownership, maintenance, or use of a motor vehicle for
which tort liability is abolished under section 3135 of the insurance code of
1956, 1956 PA 218, MCL 500.3135.
(3) For the purposes of this section:
(a) "Broker" means that term as defined in 49 USC 13102.
(b) "Carrier" means that term as defined in 49 USC 13102.
(c) "Commercial motor vehicle" means that term as defined in
section 7a of the Michigan vehicle code, 1949 PA 300, MCL 257.7a. Commercial
motor vehicle does not include any of the following:
(i) An authorized
emergency vehicle as that term is defined in section 2 of the Michigan vehicle
code, 1949 PA 300, MCL 257.2.
(ii) A bus as that term
is defined in section 4b of the Michigan vehicle code, 1949 PA 300, MCL 257.4b.
(iii) A school bus as
that term is defined in section 57 of the Michigan vehicle code, 1949 PA 300,
MCL 257.57.
(d) "Operate" means that term as defined in section 35a of the
Michigan vehicle code, 1949 PA 300, MCL 257.35a.
(e) "Particular unfitness" means a specific trait, habit, or
prior conduct that indicates that an individual is unsuited to perform a
specific task. Particular unfitness does not include a general lack of
competence.