Michigan Court of Appeals; Docket No. 115552; Unpublished
Judges Gillis, Sullivan, and Cavanagh; Unanimous; Per Curiam
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 short per curiam Opinion, the Court of Appeals held that a mechanic who was killed as a result of being run over by a truck that he was working under, did not sustain bodily injury as a result of a "parked vehicle." As a result, the workers' compensation exclusion provisions of § 3106(2) did not apply and plaintiff was entitled to recover benefits.
The injury in question occurred when plaintiffs decedent, a mechanic, positioned himself underneath a parked company truck to determine the source of a mechanical problem. Subsequently, a co-employee, unaware that the mechanic was still under the truck, started the truck and ran over the mechanic. Without any further discussion, the Court of Appeals reversed the trial court's conclusion that the vehicle in question was "parked." Thus, it was not necessary to determine whether or not plaintiff was excluded by §3106(2) which only deals-with parked vehicle situations.
