Michigan Court of Appeal; Docket No.52474; Published
Judges R. B. Burns, Allen, and Gillespie; Unanimous; Per Curiam
Official Michigan Reporter Citation: 111 Mich App 106; 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 Loading / Unloading [§3106(1)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This is another decision dealing with the issue of the necessary "causal connection" between an injury and the use or operation of a motor vehicle so as to compel payment of no-fault benefits. In this unanimous Opinion, the Court of Appeals held that a plaintiff who sustained disabling back injuries when she fell on the sidewalk after slipping on ice in the process of carrying packages toward a van for purposes of loading them into the vehicle, was not entitled to recover no-fault benefits. The Court applied the causal connection rule established in Kansas v Aetna and held that "nothing in connection with the van caused plaintiff’s injury." The Court then went on to comment regarding the applicability of the parked vehicle provisions of §3106 of the Act In this regard, the Court stated that §3106(b) regarding loading and unloading accidents did not apply as the plaintiff sustained her injury while she was "preparing to load the van" and not as a result of lifting the objects into the vehicle.
[Author's Comment: It appears that the primary basis for the decision in this case was that there was an inadequate causal connection under §3105 of the statute. If that is so, a discussion of the parked vehicle provisions of §3106 would seem to be unnecessary dicta.]
