Michigan Court of Appeals; Docket No. 128097; Unpublished
Judges Griffin, Sawyer, and Weaver; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Security Requirement Applicable for Highway Use [§3101(1)]
Definition of Motor Vehicle (General) [§3101(2)(e)]
Definition of Motor Vehicle (Golf Carts) [§3101(2)(e)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals affirmed the trial court's denial of no-fault benefits to plaintiff who was injured when he was struck in the left leg by a golf cart being driven by his neighbor on a gravel driveway located on private property.
The court held that the golf cart was not a motor vehicle within the meaning of §3101 (2)(e) as this section requires that the vehicle be operated or designed for operation upon a public highway and not private driveways. The court declined plaintiff’s invitation to extend the meaning of public highway to encompass private driveways. In light of the fact that there was no dispute that the golf cart was not being operated on a public highway at the time of the injury, plaintiff can only recover if the golf cart was designed for such use. Plaintiff stipulated below that the golf cart was not so designed. In addition, the fact that the golf cart was sometimes used on public roads as a "substitute vehicle" did not alter the result.