Ingham County Circuit Court; Docket No. 83-31188-AV
Judge Robert Holmes Bell; ___
Official Michigan Reporter Citation: Not Available; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this district court appeal to circuit court, Judge Bell reversed the district court's opinion in item number 603 and held that a motorcyclist may not recover property damage to his motorcycle under the mini-tort provisions of §3135(2)(d) of the Act. Judge Bell concluded that the use of the term "motor vehicle" as used in §3135(2)(d) is clear and unambiguous and is intended to be controlled by the definition of that term as set forth in §3101(2)(c). Even though there may be some ambiguity with respect to the definition of the term "vehicle" as used in the property protection exclusions provisions of §3123, the Legislature has manifested a clear intent that motorcycles are not to participate in the mini-tort scheme.
