Michigan Supreme Court; Docket # 151719; Published Order
Justices Young, Markman, McCormack, Viviano, Zahra, Bernstein, and Larsen; Unanimous
Official Michigan Reporter Citation: Not Applicable; Link to Order 
STATUTORY INDEXING:
Exception for Loading/Unloading [§3106(1)(b)]
TOPICAL INDEXING:
Not Applicable
ORDER SUMMARY:
In this unanimous Michigan Supreme Court Order, the Court directed the clerk to schedule oral argument on whether to grant the application for leave or take other action in this case involving the parked vehicle and the exception in MCL 500.3106(1)(b) for loading/unloading.
Prior to the issuance of this Order, the Court of Appeals in a 2-1 Opinion held that summary disposition was properly granted for the defendant insurer, because plaintiff —who was injured while gathering items from the backseat floorboard of his parked vehicle — was not using his vehicle as a motor vehicle at the time of his injury and, therefore, the exception in MCL 500.3106(1)(b) did not apply.
In its Order granting mini-oral argument, the Supreme Court said:
“The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the plaintiff’s injury is closely related to the transportational function of his motor vehicle, and thus whether the plaintiff’s injury arose out of the ownership, operation, maintenance, or use of his motor vehicle as a motor vehicle; and (2) whether the plaintiff’s injury had a causal relationship to his parked motor vehicle that is more than incidental, fortuitous, or but for. McKenzie v Auto Club Ins Ass'n, 458 Mich 214, 217 n 3, 225-226 (1998). The parties should not submit mere restatements of their application papers.”
