Michigan Court of Appeals; Docket No. 94536; Published
Judges Cynar, Shepherd, and Jasper; Unanimous; Per Curiam
Official Michigan Reporter Citation: 161 Mich App 232; Link to Opinion 
STATUTORY INDEXING:
Definition of Motor Vehicle (General) [§3101(2)(e)]
Definition of Motor Vehicle (Race Cars) [§3101(2)(e)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals upheld the trial court decision that plaintiff was not entitled to PIP benefits for injuries sustained while he was working on a vehicle which the Court held did not meet the definition of a "motor vehicle" within the meaning of §3101(2)(c).
Plaintiff had decided to enter a demolition derby, and was in the process of preparing his car for the derby when he was injured. The vehicle was a two-door Pontiac Catalina, which had been modified to comply with demolition derby regulations. The vehicle had no windows, the doors were welded shut, the gas tank had been replaced by a boat-motor gas tank installed inside the trunk, the headlights had been removed, as well as the grill. The backseat and padding had been removed and so had the tail lights. Plaintiff was injured the day before the derby while working on the engine. He testified that he had plans to either tow or drive the vehicle the one mile to the fairgrounds, and if he had in fact driven it, he would have to "sneak it" onto the road. The trial court denied benefits on the basis that the vehicle had been modified to the extent that it no longer met the definition contained in §3101(2)(c) which defined a motor vehicle as a vehicle "designed for operation upon a public highway." The Court of Appeals found its prior decision in Apperson (Item No. 691) to be dispositive.
