62-A Judicial District Court; Docket No. 81-16S0-CV; Unpublished
Judge Jack R. Jelsema; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Vehicles and Trailers, Including Motorcycles [§3123(1)(a)]
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Jelsema held that a motorcyclist can sue to recover for property damage to his cycle under the mini-tort provisions of §3135(2) of the Act. The Court based this decision on two grounds. First, to permit motor vehicles to maintain mini-tort actions for vehicle damage and to deny that right to motorcyclists would constitute a violation of equal protection. Second, the Court reasoned that in order to determine what constitutes damage to motor vehicles under the mini-tort provisions, one must look not to the definition of motor vehicle as set form in §3101(2), but to the property protection insurance exclusion provisions of §3123(l)(a). It is this latter section that sets forth the full exclusion as to property damage and delineates what is not covered by property damage benefits. Because motorcyclists are excluded by that section they should be permitted to participate in mini-tort recoveries.
[Author's Comment: This case is contrary to the conclusion expressed in Melton v Malice, item number 386.]
