36th Judicial District Court; Docket No. 4-755-045; Unpublished
Written Opinion by Judge Theresa Doss
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:
In this written Opinion, District Judge Doss ruled that plaintiff truck driver was not prohibited from recovering no-fault benefits under the employment loading/unloading provisions of §3106(2) for the reason that plaintiff sustained his hand injury while trying to close the doors of his truck after the loading operation had been completed. The court held that loading and unloading "means the lifting of property onto or the lowering of property from a vehicle. The facts are clear that the injuries suffered by plaintiff did not occur during this process. The trailer was loaded when the injury occurred. Therefore, the court finds that plaintiff was not loading the truck within the meaning of §3106(2)." The court also found that the plaintiff had no intention of parking the trailer since the truck engine was running while plaintiff was attempting to close the trailer doors.