Lapeer County Circuit Court; Docket No. 78-003959-AV(C); Unpublished
Judge Martin E. Clements
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion, Judge Clements held that the owner of a truck that was pulling a fertilizer wagon down a highway could not be sued by the owner of the fertilizer wagon in tort for property damage because of the provisions of §3135(2) and the Supreme Court's decision in Shavers v Attorney General. The Court rejected the argument that because the fertilizer wagon need not be registered as a motor vehicle, it is exempt from the tort abolishment sections of the no-fault act. The Court noted that even though the fertilizer wagon did not have to be registered, it was attached to a truck which is subject to the no-fault statute. As such, the case involves the operation of a truck which is insured under no-fault, thus calling into play the tort remedy limitations of the statute.