Michigan Court of Appeals; Docket No. 106928; Unpublished
Judges Shepherd, Holbrook, and McDonald; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]
Work Loss Benefits: Loss of Earning Capacity [§3107(1)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals held that a student who was injured in an automobile accident, and, as a result, not able to hold part-time employment, was entitled to a trial on the merits on his wage loss claim under §3107(b) of the Act, thus making summary disposition improper. As of the actual date of the accident, plaintiff was unemployed because any job would interfere with his participation on the varsity baseball team. However, prior to baseball season, plaintiff held a part-time job and alleged that he would have returned to part-time employment after baseball season, had the accident not intervened. In relying on Kennedy v Auto Owners (Item No. 129), the court reaffirmed the principle that the No-Fault Act is intended to compensate accident victims for all loss of income, whether from full-time or part-time employment, provided that the loss of income results from injuries suffered in an automobile accident. Therefore, if plaintiff can show that he would have been employed had he not been injured, he would be entitled to benefits. The court stated, "Plaintiff had a prior demonstrated work record ending shortly before the accident. He professed an intention to seek gainful employment after the baseball season ended. He attributed his lack of employment to physical disability, pain and uncertainty as to his physical limitations. Under these circumstances, we are not convinced that plaintiffs case is so factually deficient that he cannot possibly prevail at trial."
