Ingham County Circuit Court; Docket No. 76-19110-NZ; Unpublished
Judge Ray C. Hotchkiss; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Exception for Permanently Mounted Equipment Use [§3106(1)(b)]
Causal Connection Requirement [§3106]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion dealing with §3106(b) of the no-fault statute Judge Hotchkiss ruled that in order for an insured person to recover no-fault benefits under the terms of that subsection in a "parked vehicle" situation, the injury must be "a direct result of physical contact with equipment permanently mounted on the vehicle." It is not sufficient for the injury to occur as a result of direct physical contact with property being lifted onto or lowered from the vehicle. Physical contact with permanently mounted vehicle equipment is a condition precedent to recovery of benefits under §3106(b). This decision was appealed to the Court of Appeals and oral argument was heard in April 1978.
