Muskegon County Circuit Court; Docket No. 87-23158-AV
Judge Michael E. Robza; Written Opinion; Unpublished
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Definition of Motor Vehicle (General) [§3101(2)(e)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This written Opinion by Judge Robza addresses the question of whether a race track "push truck" is a "motor vehicle" for purposes of the no-fault statute. In this case, plaintiff was a participant in a stock car race when his vehicle spun out into the infield. A race track employee, driving a push truck (basically a pickup truck with a big pushing board on the front end) gave plaintiff’s vehicle a violent shove while plaintiff was still in his vehicle, or in the process of getting out. Plaintiff was injured. The push truck was licensed for on street use and was used by its owner as transportation. Plaintiff conceded that the stock car was not a "motor vehicle" but argued that the accident was covered by no-fault benefits because the push truck was a "motor vehicle being used as a motor vehicle." The District Court disagreed and granted defendant's motion for summary judgment. On appeal, Judge Robza reversed, relying on Bialochowski v Cross Concete (Item No. 1021). The Court held that the push truck was being used as a motor vehicle at the time of the collision. The Court further noted that pushing another motor vehicle is a more "normal" use of a motor vehicle than the concrete pumping operation involved in Bialochowski.