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Forest v Protective Insurance Company; (JDC-UNP, 12/17/1980; RB #374)


23rd District Court; Docket No. C-451-80; Unpublished  
Judge Anthony Nicita; 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)]  
Exception for Entering Into or Alighting From [§3106(1)(c)]

Not Applicable    

In a written Opinion relying upon the Court of Appeals decision in Dowdy v Motorland Insurance Company (item number 319), District Judge Anthony Nicita ruled that plaintiff was not entitled to recover no-fault benefits where he sustained an injury stepping into an uncovered drain while walking around the back of a truck trailer. At the time of the injury, plaintiff was not an actual physical contact with the truck or trailer and was walking around the back to walk to the shipping clerk's office. Judge Nicita ruled that the plaintiff was not unloading his vehicle within the meaning of §3106(b) at the time he sustained his injury. In addition, it was held that the plaintiff was not injured while occupying, entering into, or alighting from the vehicle within the meaning of §3106(c). The Court stated that even if plaintiff was occupying, entering into or alighting from the vehicle, it must still be shown that there is a causal connection between the injury and the ownership, maintenance or use of a motor vehicle as required by §3105(1). The Court held that the plaintiff had also failed to establish this causal connection as well.

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