Wayne County Circuit Court; Docket No. 85-5165 53-AV; Unpublished
Judge Marvin R Stempien; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Exclusion for Parked Vehicles Covered by Workers Comp [§3106(2)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This written Opinion by Judge Stempien, affirms the District Court judgment of Judge Henry Arkison, holding that the insured plaintiff was not disqualified from no-fault benefits under the provisions of §3106.
Plaintiff was insured while sweeping snow off of the top of his trailer. As a truck driver, his duties included loading and unloading cargo onto and off of the tractor-trailer. The first step in his job required that he sweep off his truck, he next would be required to get on the dispatch board, he then would wait to see if assigned a load, and finally would turn in the paperwork requisite to receiving a load. The court concluded that it was not until all of the above functions any completed that any loading would occur. On this basis, the court concluded that the plaintiff’s activities on the day of injury were too far removed from the loading process, and that he, as a matter of fact, was not loading his employer's truck when injured.