Oakland County Circuit Court; Docket No. 79-187-509-NO; Unpublished
Judge Hilda R. Gage; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]
Exclusion for Vehicles Considered Parked [§3106(1)]
Exception for Permanently Mounted Equipment Use [§3106(1)(b)]
Exception for Loading / Unloading [§3106(1)(b)]
Causal Connection Requirement [§3106]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion by Circuit Judge Hilda R. Gage, it was held that a truck driver who sustained injuries in an unloading incident could not recover no-fault benefits where the injury occurred when a crane struck a large pile of already unloaded rolled steel which tipped over and fell onto plaintiff causing serious injury. The Court held that the accident did not fall within §3106(b) regarding parked vehicle injuries because (a) the injury was not the direct result of physical contact with vehicle equipment, and (b) the injury did not occur when property was being lifted onto or lowered from the vehicle. Rather, plaintiff was injured by property that had already been unloaded. In addition, the Court held that even if this accident had fallen within the purview of §3106(b) it would also be necessary to satisfy the "causal connection" requirements of §3105(1). The Court ruled that this accident would not satisfy those requirements because the injury was not foreseeably identifiable with the normal use of the vehicle. In this situation, the vehicle only fortuitously provided the setting for the injury which is an insufficient causal connection.
