Michigan Court of Appeals; Docket No. 251004; Unpublished
Judges Whitbeck, Griffin, and Borrello; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Exception for Unreasonably Parked Vehicles [3106(1)(a)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals upheld the trial court determination that plaintiff was not entitled to PIP benefits from defendant arising out of an automobile-parked car accident, where plaintiff was illegally operating his snowmobile on a city street in violation of city ordinance.
The Court of Appeals held that plaintiff was not entitled to PIP benefits under the “unreasonably parked” provisions of §3106(1)(a), because plaintiff was not within the class of persons protected by the “unreasonably parked vehicle exception” of that statute where plaintiff was illegally operating his snowmobile on a city street in violation of a city ordinance that prohibited snowmobiles on city streets between the hours of midnight and 8:00 a.m.
The Court of Appeals relied on the Supreme Court decision in Wills v State Farm Insurance Company, 437 Mich 205; 433 NW2d 396 (1991), which held that a passenger on a snowmobile traveling unlawfully on the shoulder of a highway was “not in the class of persons intended to be protected by the lighted-vehicle statute,” and that it was not unreasonable to park a vehicle without regard to the protection of persons who may not legally be on the shoulder.
The Court of Appeals held that because plaintiff was prohibited from being on the road, he was not within the class of persons to be protected by the city parking ordinance and, therefore, it was not unreasonable for the automobile owner to park her vehicle without regard to the protection of plaintiff, and consequently, plaintiff did not satisfy the unreasonably parked exception of §3106(1)(a).
