Michigan Court of Appeals; Docket No. 56413; Unpublished
Judges Kelly, Holbrook, and Kaufman; Unanimous; Per Curiam
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)]
Causal Connection Requirement [§3106]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous, per curiam Opinion, the Court of Appeals held that a plaintiff who was injured while unloading a heavy crate from the back of a trailer in the course of his employment was entitled to no-fault benefits pursuant to the parked vehicle provisions of §3106(b) of the Act. The plaintiff’s injury occurred when he lost his footing while unloading the crate. He fell to the ground and the crate partially landed on top of him causing injuries. Citing the holding in Arnold v Auto-Owners (item number 86), the Court held that the plaintiff had met the "threshold requirement of §3106(b) in that plaintiff’s injury occurred as a direct result of physical contact with property being lifted onto or lowered from the vehicle in the loading or unloading process." The Court then examined whether or not there was a sufficient causal nexus between the injuries suffered and the vehicle involved. Citing Dowdy v Motorland Insurance Company (item number 319), the Court held that under §3106(b) "there must be a causal connection between the process of loading or unloading and the injury. Further, the injury must be foreseeably identifiable with the normal use, maintenance and ownership of the vehicle. Certainly, it is reasonably foreseeable that a truck trailer will be used to haul cargo and that the cargo will be loaded and unloaded therefrom. Thus, plaintiff has demonstrated a sufficient causal connection to come under the protection of §3106(b)."
