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Galbreath v Tig Insurance Company; (COA-UNP, 8/10/2001, RB #2235)


Michigan Court of Appeals; Docket #223947; Unpublished    
Judges Collins, Hoekstra and Gage; unanimous; per curiam    
Official Michigan Reporter Citation: Not applicable, Link to Opinion

Exception for Motorcycle Injuries [3114(5)]

Not applicable

In this unanimous unpublished per curiam opinion, the Court of Appeals upheld summary disposition, finding that a motorcyclist did not suffer accidental bodily injury arising from a motor vehicle accident which shows evidence of the involvement of a motor vehicle as required by 3114(5)(a).

The facts indicated that the motorcyclist left the highway exit at a high rate of speed and then, at a distance approximately 75 yards ahead of the motor vehicle operator, the motorcyclist flipped end-over-end off of the ramp.

Although there was some testimony suggesting that the motorcyclist and the motor vehicle operator passed one another several times in a “cat and mouse game,” and that the motorcyclist had made a hand gesture at her as he entered the exit ramp, the Court of Appeals found nothing in the deposition testimony of the motor vehicle operator, or in any other evidence presented, to suggest that the motor vehicle was involved in the accident.

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