Cheboygan County Circuit Court; Docket No. 79-003809-CK; Unpublished
Judge Phillip J. Glennie; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Definition of Motor Vehicle (General) [§3101(2)(e)]
Definition of Motor Vehicle (Cranes) [§3101(2)(e)]
Exclusion for Vehicles Considered Parked [§3106(1)]
Exception for Permanently Mounted Equipment Use [§3106(1)(b)]
General Rule of Priority [§3114(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This case dealt with a claim by plaintiff who injured his hand while working on a 75 ton Lima Crane. Plaintiff sought no-fault benefits from his own personal no-fault company, or in the alternative, from his employer's no-fault carrier who had leased the crane approximately two days prior to the mishap.
In a written Opinion, Judge Glennie held that the 75 ton Lima Crane was a motor vehicle as defined by §3101 of the No-Fault Act The Court noted that the crane has more than four wheels, is driven by an internal combustion engine and is licensed to drive on the roads of Michigan. The next question was whether or not the crane lost its character as a "motor vehicle" by virtue of the fact that it was parked and stationary at the time plaintiff injured his hand in the cable. Judge Glennie noted that the injury falls within §3106(b) of the No-Fault Act in that the injury occurred as a direct result of physical contact with equipment permanently mounted on the vehicle while the equipment was being operated or used. The Court cited supporting out of state authority for the proposition that even though the crane was being used solely for lifting purposes at the time of the accident, it was still a "motor vehicle" for purposes of the No-Fault Act.
Finally, the Court held that because the crane had only been leased to plaintiff’s employer for approximately 15 hours and was not owned or registered in the employer's name, plaintiff should recover his no-fault benefits under his own personal automobile no-fault policy.
