Berrien County Circuit Court; Docket No. 80-897-AR-Z; Unpublished
Judge Zoe S. Burkholz; Transcript of Oral Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a transcript of an oral Opinion arising out of an appeal from a District Court case, Circuit Judge Burkholz ruled that a car positioned in the driveway of a gas station waiting to pull out into traffic is not a parked vehicle and therefore not entitled to property protection benefits when it was struck by another vehicle propelled into it as a result of a collision. Judge Burkholz relied on the Court of Appeals Opinion in Miller v Auto Owners (item number 231) where the Court noted that a vehicle stopped by a traffic jam or by a red light is clearly not parked.