Ferden v DAIIE; (ICC-UNP, 5/23/1979; RB #224)

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Ingham County Circuit Court; Docket No. 78-22184-NO; Unpublished
Judge Thomas L. Brown   
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:
Definition of Motor Vehicle (Race Cars) [§3101(2)(e)]

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:
In an opinion from the bench (transcript supplied to author) Judge Brown held that a "demolition derby" vehicle which had extensive structural modifications was not a "motor vehicle" under the meaning of §3101(2) of the no-fault statute in that it was not designed for operation upon a public highway. As such, the provisions of the Michigan no-fault statute did not apply to such a vehicle. Accordingly, the plaintiff, who was a spectator at a demolition derby and sustained injury when one of the derby vehicles crashed through a retainer wall, was not entitled to recover no-fault benefits as a result of the mishap. In addition, it should be noted that such demolition derby vehicles are exempt from registration pursuant to an Attorney General's opinion (OAG 1960, number 3456).