Michigan Court of Appeals; Docket No. 245071; Unpublished
Judges Zahra, Saad, and Schuette; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [3105(1)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that plaintiff was entitled to receive PIP benefits under the provisions of §3105 of the No-Fault Act as a consequence of having received an eye injury when a truck tire he was working on exploded.
Plaintiff claimed he was entitled to PIP benefits under §3105 of the No-Fault Act, asserting he sustained his injury while performing maintenance work on a motor vehicle. The provisions of §3105 allow for personal protection insurance benefits for accidental bodily injury arising out of the “ownership, operation, maintenance or use of a motor vehicle as a motor vehicle.”
The Court of Appeals relied on the Supreme Court decision in Miller v Auto-Owners Insurance Company, 411 Mich 633; 309 NW2d 544 (1981), which held that where an injury arises out of the maintenance of a parked vehicle, a claimant may recover under MCL 500.3105(1) without regard to the parked vehicle provisions in MCL 500.3106. Therefore, plaintiff was entitled to no-fault benefits.
