Tracy C Brickey v. Vincent Lavon McCarver
Tracy C Brickey v. Vincent Lavon McCarver
Opinion
*413 *640 In this third-party no-fault action, plaintiffs appeal by right the trial court's order granting summary disposition in favor of defendants under MCR 2.116(C)(8). We reverse and remand for further proceedings.
I. PERTINENT FACTS AND PROCEDURAL HISTORY
Plaintiff Tracy Brickey (Tracy) was operating his motorcycle on US-223 when he was struck by a vehicle driven by defendant Vincent McCarver (McCarver) and owned by defendant CR Motors. Tracy was severely injured.
Plaintiffs filed suit against defendants, arguing that (1) McCarver negligently operated a vehicle and caused injury to Tracy, (2) CR Motors was liable for McCarver's negligence under Michigan's owner's-liability
*641
statute, MCL 257.401, and the doctrine of negligent entrustment, and (3) McCarver's negligence additionally resulted in plaintiff Brandy Brickey's loss of consortium. Defendants answered the complaint and also moved for summary disposition under MCR 2.116(C)(8) and (10). Defendants contended in their motion that the motorcycle Tracy was operating at the time of the accident was uninsured and that plaintiffs, accordingly, were precluded from recovery under MCL 500.3135(2)(c). The trial court agreed, relying on
Braden v. Spencer
,
II. STANDARD OF REVIEW
A "trial court's ruling on a motion for summary disposition is reviewed de novo on appeal."
ZCD Transp., Inc. v. State Farm Mut. Auto. Ins. Co.
,
We also review de novo questions of statutory interpretation.
McLean v. McElhaney
,
III. ANALYSIS
Plaintiffs argue that the trial court erred by granting summary disposition in favor of defendants because MCL 500.3135(2)(c), by its plain language, applies only to uninsured "motor vehicles," as opposed to motorcycles, and therefore does not limit plaintiffs' right to seek damages in tort. We agree.
"The primary rule of statutory interpretation is that we are to effect the intent of
*414
the Legislature."
Stanton v. City of Battle Creek
,
"Any issues relating to the soundness of the policy underlying the statute or its practical ramifications are properly directed to the Legislature."
Maier v. Gen. Tel. Co. of Mich.
,
MCL 500.3135(2)(c) provides, in relevant part:
(2) For a cause of action for damages pursuant to subsection (1) filed on or after July 26, 1996, all of the following apply:
* * *
(c) Damages shall not be assessed in favor of a party who was operating his or her own vehicle at the time the *644 injury occurred and did not have in effect for that motor vehicle the security required by section 3101 at the time the injury occurred.
Section 3101, in turn, provides, "(1) The owner or registrant of a motor vehicle required to be registered in this state shall maintain security for payment of benefits under personal protection insurance, property protection insurance, and residual liability insurance." MCL 500.3101(1). "Motor vehicle" is defined, for the purposes of Chapter 31 of the Insurance Code of 1956, as a "vehicle, including a trailer, that is operated or designed for operation on a public highway by power other than muscular power and has more than 2 wheels." MCL 500.3101(2)(i). The definition of "motor vehicle" specifically excludes motorcycles. MCL 500.3101(2)(i)( i ).
Inasmuch as the statute explicitly excludes motorcycles from the definition of "motor vehicle," and therefore from the preclusive effect of MCL 500.3135(2)(c), the plain language of the statute unambiguously refutes the trial court's statutory
*415
interpretation. See
Robinson
,
Importantly, however, the statute at issue in
Braden
was quite different from the one that exists today. See MCL 500.3135, as amended by
Subsection (3) provides, in pertinent part, "(3) Notwithstanding any other provision of law,
tort liability
arising from the ownership, maintenance, or use within this state of a motor vehicle with respect to which the security required by section 3101 was in effect is abolished...." MCL 500.3135(3) (emphasis added). In other words, while Subsection (2)(c) addresses a party's right to recover damages, Subsection (3) deals with a party's exposure to tort liability. Specifically, Subsection (3) extinguishes tort liability
*646
for noneconomic losses for drivers of motor vehicles who carry proper insurance, apart from the exceptions found in MCL 500.3135(1). Subsection (3) has nothing to do with a
plaintiff's
right to recover damages and instead has everything to do with a
defendant's
liability, irrespective of the plaintiff or the plaintiff's mode of travel. Accordingly, it was irrelevant in
Braden
that the plaintiff was a motorcyclist because the defendant was, in any event, immune from tort liability for the type of damages the plaintiff sought.
Braden
,
In essence, defendants ask this Court to add language into Subsection (2)(c), such that it might read: "Damages shall not be assessed in favor of a party who was operating his or her own vehicle at the time the injury occurred and did not have in effect for that motor vehicle
[or motorcycle]
the security required by section 3101 [or 3103] at the time the injury
*416
occurred." MCL 500.3135(2)(c) (emphasis added). To read the statute in that manner would require an impermissible judicial construction of an unambiguous statute. See
Odom
,
Defendants nevertheless contend that Subsection (2)(c) must apply to motorcycles because, although not required by § 3101, motorcycles are still required to be *647 insured under MCL 500.3103, and public policy dictates that any operator of a motorcycle -like any operator of a motor vehicle-who has failed to obtain insurance coverage as required by law should be barred from recovering tort damages. Indeed, § 3103 provides, in pertinent part, "(1) An owner or registrant of a motorcycle shall provide security against loss resulting from liability imposed by law for property damage, bodily injury, or death suffered by a person arising out of the ownership, maintenance, or use of that motorcycle." MCL 500.3103(1).
However, it is for the Legislature, not this Court, to address the policymaking considerations that are inherent in statutory lawmaking. See
Maier
,
A person is not entitled to be paid personal protection insurance benefits for accidental bodily injury if at the time of the accident any of the following circumstances existed:
* * *
*648 (b) The person was the owner or registrant of a motor vehicle or motorcycle involved in the accident with respect to which the security required by section 3101 or 3103 was not in effect. [ MCL 500.3113 (emphasis added).]
The Legislature's omission of a term in one portion of a statute that is contained in another should be construed as intentional.
Michigan v. McQueen
,
The language of MCL 500.3135(2)(c) is unambiguous: individuals injured while operating a motor vehicle that is both owned by them and uninsured in violation of MCL 500.3101 are not entitled to recover damages. Motorcycles are not motor vehicles under the no-fault act. MCL 500.3101(2)(i)( i ). Accordingly, *417 MCL 500.3135(2)(c) does not limit the right of motorcyclists to recover damages.
Plaintiffs contend in the alternative that, even assuming that MCL 500.3135(2)(c) applies to motorcyclists, the trial court nonetheless erred by dismissing
all
of plaintiffs' claims because Subsection (2)(c) only limits actions for noneconomic damages. Having held that Subsection (2)(c) does not apply to motorcyclists, however, we need not reach that question, which in any event was not raised below until reconsideration. See
Vushaj v. Farm Bureau Gen. Ins. Co. of Mich.
,
Reversed and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction.
BECKERING and RONAYNE KRAUSE, JJ., concurred with BOONSTRA, P.J.
At the time, Subsection (3) was codified as Subsection (2). MCL 500.3135(2), as amended by
Even assuming arguendo that
Braden
did support defendants' reading of MCL 500.3135(2), we are mindful that clear statutory language must prevail when "caselaw clearly misinterprets the statutory scheme at issue."
Covenant Med. Center, Inc. v. State Farm Mut. Auto. Ins. Co.
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.