West v. Cyril J Burke, Inc.

I disagree with the majority’s interpretation of the owner’s liability *198statute, MCL 257.401; MSA 9.2101. The majority holds that, since the statute uses the word "driven” three times, a motor vehicle must be driven at the time an accident occurs for the statute to apply. The majority feels that "to hold otherwise is to ignore the statutory requirement that the vehicle be driven with the owner’s consent and driven at the time of the injury”. (Emphasis in original.) While emphasizing the word "driven”, the majority ignores other portions of the statute which I believe would allow a stationary…