Lenawee County Circuit Court; Docket No. 86-3106-NI;
Opinion by Judge Kenneth Glaser, Jr.; Unpublished
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Threshold Applicability to Out of State Accidents [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Glaser ruled that the protection of the tort; threshold as contained in §3135 is not applicable to a case in which the plaintiff was insured as a passenger in a one-car accident in the state of Ohio.
Judge Glaser based his decision on the "plain meaning" of §3135 which refers to ownership, maintenance, or use "within this state" of a motor vehicle with respect to which the security required by the no-fault law was in effect.
Although the result may appear absurd in a case where no out-state persons or parties are involved, and the lawsuit is in the state of Michigan, nevertheless, the unambiguous terms of §3135(2) state that because the accident happened in Ohio, plaintiff is entitled to recover fully and defendant does not have the protection of the tort threshold.
