Marquette County Circuit Court; Docket No. 99-35703-NF; Unpublished
Honorable Thomas L. Solka
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Exclusion for Vehicles Considered Parked [§3106(1)]
Exception for Loading / Unloading [§3106(1)(b)]
Nature of Survivor’s Loss Benefits [§3108(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Order, Judge Solka granted plaintiff’s motion for declaratory judgment, holding that plaintiff was entitled to no-fault survivors' loss benefits arising out of the death of her husband.
Plaintiff’s husband was killed while unloading a bulldozer from a Low Boy trailer attached to a truck. In the process of backing the bulldozer off of the Low Boy, the bulldozer lost traction and tipped over. Plaintiff’s decedent was thrown from the bulldozer and crushed by the bulldozer canopy.
Judge Solka awarded benefits on the basis that the death of plaintiff’s decedent fell within the "loading/unloading exception to the parked vehicle provisions of section 3106(l)(b)."
