Kajy Law Firm Sues GM Over Teen's Crash Under Michigan Owner Liability Law

Kajy Law Firm, a Southfield-based personal injury practice, is representing a Troy teenager and his family in a lawsuit against General Motors and the driver of a GM-owned pickup truck that struck the boy last summer. The teen was 14 when a white GMC Canyon hit him as he crossed Square Lake Road at John R Road, pinning him beneath the vehicle. An off-duty Troy firefighter captured the crash on dash camera, and police cited the driver for careless driving. The family sued the driver and GM earlier this year, and in October GM filed a countersuit against the teen’s parents, which the automaker withdrew on October 20.

According to attorney Lawrence Kajy, GM owned the truck and had provided it to an employee as a job perk, forming the basis for the family’s claims against the company. “GM owned that truck and decided who would drive it,” said Kajy, founder of Kajy Law Firm. “Michigan law doesn’t let an owner step back and say somebody else was behind the wheel. If you hand over the keys, you share the responsibility.” The case hinges on Section 257.401 of the Michigan Vehicle Code, which makes a vehicle’s owner liable for injuries caused by negligent operation when the vehicle is driven with the owner’s express or implied consent or knowledge. The law presumes consent when the driver is the owner’s spouse, parent, sibling, child, or other immediate family member. The family is also bringing a negligent entrustment claim against GM, arguing that an owner can be held responsible for giving a vehicle to someone it knew or should have known was likely to drive unsafely.

Kajy noted that owner’s liability claims arise more often than most drivers expect—company cars, borrowed vehicles, and family cars can all bring the owner into a case. In Metro Detroit, where automakers and other employers put company vehicles on the road, that question can decide who pays when someone gets hurt. “People hear ‘car accident lawsuit’ and assume it’s only about the driver,” Kajy said. “A lot of the time, the owner is the one with the insurance and the resources to cover what an injured person is facing. Knowing that can change the outcome for a family.” On the withdrawn countersuit, Kajy said, “We’re glad GM dropped the case against his parents. Now this can stay focused on what happened at that intersection and who is responsible for it.” The case remains pending.