Dowdy v. Motorland Insurance Co.

97 Mich. App. 242, 293 N.W.2d 782 (1980)

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Nature of the Case

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Facts

Dowdy (P) and two other truck drivers from Artim Trucking were driving flatbed trucks. When they reached their destination, the other two drivers unloaded their cargo, stacking it in pyramid fashion. When P backed in and began to unload his cargo, one of the other stacks fell on his leg, severely fracturing his ankle. P sued Motorland Insurance Co. (D), the no-fault insurance carrier for his private automobile, to recover no-fault benefits for his injuries. Both P and D made motions for summary judgment. The trial court granted summary judgment to D, finding that P did not sustain a bodily injury arising out of the ownership, maintenance, or use of a parked vehicle within the meaning of the statute. P appealed.