Injured? Contact Sinas Dramis for a free consultation.

   

Bell v Boutell Driveaway Co; and Jones v ANR Freight System; (COA-PUB, 4/15/1985; RB #830)

Print

Michigan Court of Appeals; Docket Nos. 71697 and 71834; Published  
Judges Hood, Beasley, and Marutiak; Unanimous  
Official Michigan Reporter Citation: 141 Mich App 802; Link to Opinion alt   


STATUTORY INDEXING:  
Exclusion for Parked Vehicles Covered by Workers Comp [§3106(2)]

TOPICAL INDEXING:
Legislative Purpose and Intent   


CASE SUMMARY:  
In this unanimous Opinion by Judge Hood, the court interpreted the new amendment to the parked vehicle provisions of §3106 which excludes from no-fault benefits those employees who sustain injury in the course of employment while loading, unloading or doing mechanical work on a vehicle, unless the injury arose from the use or operation of another vehicle. The specific issue in this case was whether or not the terms loading and unloading should be interpreted narrowly to exclude activity preparatory to the actual lifting or lowering of goods. The Court of Appeals ruled that the terms loading and unloading in §3106(2) should be interpreted to encompass activity that was preparatory to the actual lifting or lowering of goods. The court held that such a broad definition of the terms was consistent with the Legislature's intention in amending this section. The court stated, "The House Legislative Analysis Section's report on the proposed amendment states that the trucking industry lobbied for this amendment because it claimed its insurance rates were climbing due to the common-place incidents of disabling injuries occurring during the loading, unloading, and mechanical servicing of its vehicles. Under the former §3106, its injured employees collected both workers' compensation and no-fault benefits."


Michigan auto accident attorney Stephen Sinas is the lead editor of the appellate case summaries published on this site regarding the Michigan auto insurance law. To learn more about how Stephen Sinas and how the Sinas Dramis Law Firm can help you if you have been injured in a Michigan auto accident, visit SinasDramis.com.

Copyright © 2024  Sinas Dramis Law Firm, George Sinas, Stephen Sinas.
All Rights Reserved.
Login (Publishers Only)

FacebookInstagram