Oceana County Circuit Court; Docket No. 852609-N1;
Judge Terrence R. Thomas;_____
Official Michigan Reporter Citation: _____; Link to Opinion 
STATUTORY INDEXING:
Specific Exclusions from Motor Vehicle Definition [§3101(2)(e)]
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]
Entitlement to PIP Benefits: Motor Vehicle Involvement [§3105(1)]
Liability of Non-Motorist Defendants [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this brief written Opinion, Judge Thomas holds that, since a motorcycle is not a motor vehicle under the no-fault act, the driver of a motorcycle is a nonmotorist defendant who is not entitled to the protection of the tort abolition provisions of §3135 in a tort action brought by his passenger. However, since the motorcycle collided with a motor vehicle, the passenger was entitled to recover no-fault benefits.