46th Judicial District Court; Docket No. GC-81-1412; Unpublished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 Permanently Mounted Equipment Use [§3106(1)(b)]
Causal Connection Requirement [§3106]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, District Judge Jessica Cooper ruled that plaintiff truck driver was not entitled to no-fault benefits when he twisted his ankle on a crack in the sidewalk while in the process of walking around his vehicle in connection with the loading of new motor vehicles onto the trailer. The Court noted that the injury does not fall under §3106(b) because there was no physical contact with equipment permanently mounted on the vehicle nor with property being lifted onto the vehicle. In addition, the injury is not compensable under §3106(c) because plaintiff was not in the process of alighting from the vehicle. Finally, mere was an insufficient causal relationship between the use of the motor vehicle and the injury to entitle plaintiff to recover benefits.
