Kelm v DAIIE; (BCC-UNP, 10/27/1980; RB #368)

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Berrien County Circuit Court; Docket No. 80-897-AR-Z; Unpublished    
Judge Zoe S. Burkholz; Transcript of Oral Opinion  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Not Applicable

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In a transcript of an oral Opinion arising out of an appeal from a District Court case, Circuit Judge Burkholz ruled that a car positioned in the driveway of a gas station waiting to pull out into traffic is not a parked vehicle and therefore not entitled to property protection benefits when it was struck by another vehicle propelled into it as a result of a collision. Judge Burkholz relied on the Court of Appeals Opinion in Miller v Auto Owners (item number 231) where the Court noted that a vehicle stopped by a traffic jam or by a red light is clearly not parked.