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Emmert v All Erection & Crane Rental Corporation and Transamerica; (KCC-UNP, 1/19/1984; RB #747)


Kalkaska County Circuit Court; Docket No. 81-1831-NP; Unpublished  
Judge William A. Porter; Written Opinion  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    

Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]

Not Applicable    

In this written Opinion, Judge Porter held that a plaintiff was not entitled to no-fault benefits when he sustained injury as a result of being struck by the boom of a crane during the operation of the crane. The accident did not arise out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle under §3105(1). The result may have been different in the event the plaintiff was injured while loading or unloading the crane from the motor vehicle which transported it. The adding of a boom to the crane and an injury resulting in connection with that operation is not foreseeably identifiable with the use, maintenance and ownership of a motor vehicle.

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