Legal Opinion

Braden v. Spencer

Michigan Court of Appeals

Decided October 7, 1980No. Docket 46239PublishedCited by 15 opinions

1Opinion of the CourtV. J. Brennan, J.

Plaintiff filed a complaint in district court for property damage to his motorcycle resulting when it collided with an automobile owned and operated by defendant. The jury returned a verdict of $563.17, together with interest of $130.92 and costs of $39.

Defendant’s motion for a new trial was denied, the court ruling that the "no-fault statute abolishes tort liability in many circumstances involving the use of motor vehicles. Motorcycles are specifically not motor vehicles and thus tort liability is not abolished for damages arising out of the use of motorcycles.”

Defendant appeals from an…

2Cases cited5 opinions

  1. Shavers v. Attorney GeneralMichigan Supreme Court · 1978
  2. Underhill v. Safeco InsuranceMichigan Supreme Court · 1979
  3. Detroit v. General Foods Corp.Michigan Court of Appeals · 1972
  4. People Ex Rel. Oakland Prosecuting Attorney v. Bureau of Pardons & ParolesMichigan Court of Appeals · 1977
  5. Degrandchamp v. Michigan Mutual InsuranceMichigan Court of Appeals · 1980

3Cited by15 opinions

  1. Rocco v. Department of Mental HealthMichigan Court of Appeals · 1982
  2. Smolen v. Dahlmann Apartments, LtdMichigan Court of Appeals · 1983
  3. MICH LIFE INS CO v. Ins Comm'rMichigan Court of Appeals · 1982
  4. Oxford Township v. Department of Social ServicesMichigan Court of Appeals · 1982
  5. Wheeler v. Tucker Freight Lines Co., Inc.Michigan Court of Appeals · 1983

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