Michigan Court of Appeals; Docket No. 52361; Published
Judges MacKenzie, Brennan, and Cavanagh; Unanimous
Official Michigan Reporter Citation: 110 Mich App 617; Link to Opinion 
STATUTORY INDEXING:
Nature and Scope of PPI Benefits (Property Damage and Loss of Use) [§3121(1)]
Vehicles and Trailers, Including Motorcycles [§3123(1)(a)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Brennan which is very similar to the holding in Pioneer State v Allstate (item number 420), the Court held that a piece of farm equipment called a "cherry shaker" is a "vehicle" within the meaning of the property protection exclusions of §3123 of the Act and, thus, is not entitled to receive property protection insurance benefits when it is damaged by a moving automobile. The Court held that such equipment is excluded by §3123 because (1) it is a vehicle, (2) it is operated on a public highway, and (3) it is operated by power other than muscular power.
