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Smith v Tozer; (CCC-____, 5/22/1986; RB #929)


Oceana County Circuit Court; Docket No. 852609-N1;   
Judge Terrence R. Thomas;_____    
Official Michigan Reporter Citation:  _____; Link to Opinion alt    

Specific Exclusions from Motor Vehicle Definition [§3101(2)(e)]  
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]  
Entitlement to PIP Benefits: Motor Vehicle Involvement [§3105(1)]  
Liability of Non-Motorist Defendants [§3135]

Not Applicable    

In this brief written Opinion, Judge Thomas holds that, since a motorcycle is not a motor vehicle under the no-fault act, the driver of a motorcycle is a nonmotorist defendant who is not entitled to the protection of the tort abolition provisions of §3135 in a tort action brought by his passenger. However, since the motorcycle collided with a motor vehicle, the passenger was entitled to recover no-fault benefits.

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