McFadden v. Allstate Insurance

This case, originally published at 155 Mich App 266; 399 NW2d 58 (1986), comes to us on remand from the Supreme Court, the Court ordering us to reconsider our prior opinion in light of Bialochowski v Cross Concrete Pumping Co, 428 Mich 219; 407 NW2d 355 (1987).

The facts are set forth in our prior opinion. We held that the crane on which plaintiff was working when he was injured was not a motor vehicle within the meaning of §3101(2)(c) of Michigan’s no-fault act, MCL 500.3101(2)(c); MSA 24.13101(2)(c), because at the time of plaintiffs injuries, it was not in its highway mode. McFadden v…