Berrien County Road Commission v. Jones

Plaintiff appeals by right from a summary judgment granted defendants for failure to state a claim on which relief could be granted pursuant to GCR 1963, 117.2(1).

Defendants’ truck registered in Indiana, collided with plaintiff’s road grader. Neither vehicle was required to be registered as a vehicle in Michigan and therefore neither was required to be covered by no-fault insurance. MCL 500.3101(1); MSA 24.13101(1). Plaintiff seeks to recover the damage to its road grader. Defendants were voluntarily covered by no-fault insurance and claim the immunity from tort liability granted by MCL…