Ingham County Circuit Court; Docket No. 22250-AV; Unpublished
Judge James T. Kallman
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Specific Exclusions from Motor Vehicle Definition [§3101(2)(e)]
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion, Judge Kallman held that inasmuch as motorcycles were excluded from the no-fault statute and this exclusion was upheld in the Supreme Court's decision in Shavers v Attorney General, then motorcyclists are left with their traditional tort remedies for injuries caused by the negligence of motor vehicles insured under no-fault. Judge Kallman reasoned that it would be a denial of equal protection to deny motorcyclists the right to claim no-fault benefits and also to deny them their traditional tort remedies. Accordingly, the plaintiff in this case was permitted to sue for property damage to his motorcycle caused by an insured automobile.
