Michigan Court of Appeals; Docket No. 69052; Unpublished
Judges Cynar, Gillis, and Wahls; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Definition of Motor Vehicle (General) [§3101(2)(e)]
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion the Court of Appeals denied no-fault benefits under §3105(1) to an airplane pilot who crash landed an experimental airplane on a highway after experiencing a power failure. The Court held that "the facts of the instant case show that this accident was not of the type for which the Act is designed to compensate. While plaintiff contends that his aircraft is roadable, it is inescapable that airplanes are designed to fly and not designed for operation on the public highway as required by §3101(2)(c). Likewise, Plaintiff’s injury did not arise out of the operation of the airplane as a motor vehicle. Plaintiff was operating his airplane as an airplane and it was only through misfortune that he ended up on the highway.