46th Judicial District Court; Docket No. GC-80-1624; Unpublished
Judge Jessica R. Cooper; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Exclusion for Vehicles Considered Parked [§3106(1)]
Exception for Occupying [§3106(1)(c)]
Exception for Vehicle Maintenance [§3106]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In this written Opinion, Judge Cooper held that a plaintiff who was injured while performing "routine maintenance" on a parked trailer and who was actually occupying the trailer at the time of the injury, was not entitled to recover no-fault benefits under §3106(c) of the Statute. The court held that merely occupying a motor vehicle was not sufficient to entitle someone to recover no-fault benefits where the injury arose out of routine maintenance. Judge Cooper commented: "The appellate courts have not as yet generally stated that mechanics injured while routinely servicing a vehicle in the course of business and while on business premises are excluded from no-fault benefits, however, the inference is clear. To hold otherwise, would extend no-fault benefits far beyond what the Legislature intended."
In short, Judge Cooper reasoned that maintenance-related injuries are too remote to constitute "arising out of" the ownership, operation, maintenance or use of a motor vehicle.
[Author's Comment: The reasoning and holding of this opinion have been specifically rejected by the Michigan Supreme Court in the recent case of Miller v Auto-Owners (Item No. 431), where the court held that juries arising out of the maintenance of a motor vehicle are compensable with no-fault benefits without regard to the provisions of §3106].
