Third-party no-fault action; Governmental immunity; The Governmental Tort Liability Act (MCL 691.1401 et seq.); MCL 691.1407(1); Fairley v. Department of Corrs.; Mack v. Detroit; Exceptions; Yono v. Department of Transp.; The motor-vehicle exception; MCL 691.1405; “Motor vehicle”; Stanton v. Battle Creek; Overall v. Howard (Unpub.); Wesche v. Mecosta Cnty. Rd. Comm’n; Regan v. Washtenaw Cnty. Rd. Comm’rs (On Remand); Yoches v. Dearborn; “Owner”; The Motor Vehicle Code (MCL 257.1 et seq.); Department of Natural Res. (DNR); Off road vehicle (ORV)

The court held that the Court of Claims properly held that defendant-DNR’s utility vehicle (Gator) was a “motor vehicle” for purposes of the motor vehicle exception to governmental immunity, and thus properly denied its motion for summary disposition. Plaintiff sued defendant for injuries he sustained when his snowmobile collided with defendant’s employee’s Gator (which was being used to groom a ski trail) as it crossed a snowmobile trail. Defendant moved for summary disposition, arguing it was entitled to governmental immunity as the Gator was not a motor vehicle for purposes of the motor-vehicle exception to governmental immunity. The Court of Claims denied the motion, finding the Gator was in fact a motor vehicle. On appeal, the court rejected defendant’s argument that the Court of Claims erred. “A Gator closely resembles a car or truck and contains equipment such as seat belts and brake lights that comport with operation on a roadway.” And, as plaintiff’s expert testified by affidavit, “in the area of the Upper Peninsula where the accident occurred, county ordinances have been enacted allowing ORVs to operate on county roadways under certain conditions.” As such, “regardless of the manufacturer’s recommendation, or the Secretary of State’s classification, the Gator is a vehicle one might expect to find on, or at least alongside, a roadway. It is not mere equipment like a forklift, and it is far more robust with more motor-vehicle-like features than a golf cart.” Affirmed.