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Elkins v Michigan Mutual; (JDC-UNP, 9/14/1982; RB #604)


16th Judicial District Court; Docket No. C-820803; Unpublished  
Judge James R. McCann; Written Opinion  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   

Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]  
Exclusion for Vehicles Considered Parked [§3106(1)]  
Exception for Loading / Unloading [§3106(1)(b)]  
Exception for Occupying [§3106(1)(c)]

Not Applicable   

In this written Opinion, District Judge McCann ruled that a plaintiff was entitled to recover no-fault benefits pursuant to §3105(1) and §3106(c) where plaintiff sustained serious injuries to his respiratory system when he inhaled toxic Cobex fumes while unloading a tractor trailer. The incident took place during the course of the unloading process and while plaintiff was occupying the trailer. The Court held that plaintiff’s injuries arose out of the ownership, operation, maintenance or use of the tractor trailer because inhaling toxic fumes in the course of unloading the trailer by a worker who was occupying it is something which is reasonably foreseeable with the normal use of such a vehicle. Plaintiff was using the vehicle for its intended purpose. He is, therefore, entitled to recover no-fault benefits less workers' compensation benefits received.

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