Genesee County Circuit Court; Docket No. 81 64578 NZ; Unpublished
Judge Philip C. Elliott; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
In this written Opinion, Judge Elliott held that a truck driver who sustained a heart attack while lifting loading dock skids onto his semi-truck car hauler, had sustained "accidental" bodily injury as that word is defined in §3105(4) of the No-Fault Act, because the terms "accidental" and "unintended" are synonymous under the language of the Act However, whether or not the heart attack "arose out of" the use of the truck as a "direct result" of physical contact with the loading dock skids as they were used in the unloading process is a question which will be left for the jury. Judge Elliott held that this question would be presented to the jury with the following instruction: "When I use the words arose out of the use of the truck, I mean that there must be connection between the heart attack suffered by the plaintiff and the work he was doing and that heart attack was a natural and direct result of his carrying and lifting the skids onto the truck in an unloading process." The injury in this case occurred on October 30, 1980 and, therefore, was not affected by the amendment to §3106 which excludes loading and unloading injuries from no-fault benefits if the same were incurred in the scope of employment.