Michigan Court of Appeals; Docket #262249; Unpublished
Judges Cooper, Hoekstra, and Smolenski; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Definition of Motor Vehicle (General) [3101(2)(e)]
Nature and Scope of PPI Benefits (Property Damage and Loss of use) [3121(1)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that where a parking lot collapsed when a pickup truck was traveling across it, the collapse was related to the transportational function of the truck and, therefore, arose out of the ownership, operation, maintenance, or use of the motor vehicle as a motor vehicle for property protection purposes.
In this case, an F-650 pickup truck was being used to plow and salt a surface parking lot. While the truck was traveling across the lot, the lot collapsed into a subterranean parking garage. Travelers Property Casualty covered the damage and then sought reimbursement from defendant Ohio Casualty Group, the truck’s no-fault insurer. The trial court granted defendant summary disposition, finding that the use of the truck did not cause the parking lot to collapse, rather, the collapse was caused by the weight of the truck on the poorly maintained lot. The Court of Appeals reversed, reasoning that the parking lot collapsed while the truck was traveling across it and engaged in its transportational function. Therefore, the court held that the collapse of the lot arose out of the ownership, operation, maintenance, or use of the motor vehicle as a motor vehicle. Moreover, the weight of the truck caused the lot to collapse. Thus, the relationship between the use of the truck and the collapse of the lot was more than incidental or fortuitous. In this regard, the court stated:
“Because the parking lot collapsed when the F-650 pickup truck was traveling across it, its collapse was related to the transportational function of the pickup truck. Accordingly, we hold that the collapse of the parking lot arose out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle. . . . The truck was transporting itself and the sale to different places in the parking lot, and it is reasonably foreseeable . . . that a large motor vehicle carrying a heavy load may be too heavy to drive on certain structures. Accordingly, the relationship between the use of the F-650 pickup truck and the collapse of the parking lot was more than incidental, fortuitous, and ‘but for.’”
