Cayer v National Union Fire Insurance Company; (COA-UNP, 12/11/1990; RB #1437)

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Michigan Court of Appeals; Docket No. 117911; Unpublished  
Judges Gribbs, Cavanagh, and Marilyn Kelly; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Definition of Motor Vehicle (Other Motorized Devices) [§3101(2)(e)]

TOPICAL INDEXING:  
Not Applicable   


CASE SUMMARY:  
In this unanimous per curiam Opinion, the Court of Appeals affirmed the trial court's grant of summary disposition on grounds that the vehicle at issue was not, as a matter of law, a motor vehicle for purposes of the No-Fault Act, §3101 (2)(e).  

In this case, the vehicle at issue was a "scraper," which the defendant insurance company contended was not a motor vehicle within the meaning of the No-Fault Act provision of §3101 (2)(e), which defines a motor vehicle as a vehicle, including a trailer, operated or designed for operation upon a public highway by power-other than muscular power which has more than two wheels.  

In this case, the vehicle involved was without tail lights, turn signals, or a speedometer. It could not be operated on a public highway without a special permit and two escort vehicles.  

The Court of Appeals held that the trial court did not err in concluding that the scraper was not "designed for operation upon a public highway." 

[Author's Comment: The opinion did not indicate whether or not the accident occurred on a public highway.]