Michigan Court of Appeals; Docket No. 59039; Published
Judges Kelly, Maher, and Tahvonen; Unanimous; Opinion by Judge Tahvonen
Official Michigan Reporter Citation: 126 Mich App 483; Link to Opinion 
STATUTORY INDEXING:
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]
Exclusion for Vehicles Considered Parked [§3106(1)]
Exception for Occupying [§3106(1)(c)]
Causal Connection Requirement [§3106]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Tahvonen, the Court of Appeals ruled that a plaintiff was entitled to no-fault benefits where he sustained burns while occupying a truck camper. According to stipulated facts, the plaintiff was driving his pickup truck with an attached camper. He pulled into a rest area, went into the camper, and fell asleep. When he awoke the next day, he lit a match. Gas escaping from the camper furnace pilot light ignited and injured him.
The Court of Appeals first looked at the parked vehicle provisions of §3106 and concluded that plaintiff was "occupying the camper vehicle pursuant to §3106(c). The Court then went on to analyze whether the injury arose out of the "ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle" as required by §3105(1) of the Act. Utilizing the "causal connection" test, the Court held that plaintiff’s vehicle provided more than merely the incidental site of an injury that could as well have occurred elsewhere. The Court noted that the camper furnace was an attached motor vehicle accessory and was itself the instrumentality causing the injury. The Court also noted that the involvement of the camper was not distinctly remote with reference to time, location, or sequence of events. Finally, the Court observed that the plaintiff’s use of this particular vehicle and his injuries were foreseeably identifiable with the normal use of a pickup truck with attached camper. Plaintiff’s use of this particular camper constituted normal and foreseeable use of such a vehicle and encompassed the operation of the gas furnace system.
