Michigan Court of Appeals; Docket No. 86866;Unpublished
Judges Walsh, Kelley, and Simon; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Liability of Non-Motorist Defendants [§3135]
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In this unpublished per curiam Opinion, the Court of Appeals ruled that the denial of benefits to pedestrians injured by motorcycles, while allowing pedestrians injured by motor vehicles to recover no-fault benefits, does not violate the due process or equal protection clauses of the state and federal constitutions. As currently drafted, the Michigan No-Fault Act makes a permissible distinction between motorcycles and automobiles for purposes of determining entitlement to personal injury protection benefits. The Court noted that this precise issue had previously been decided in Bishop v Farmers Insurance Exchange (Item No. 728). The Court also noted that §3135 of the No-Fault Act does not bar plaintiff’s right to proceed against the motorcyclist in tort.