Winter v. Auto. Club of Mich.

In this insurance case, the carrier appeals from a determination that the no-fault act1 covers an accidental injury to plaintiff which occurred when a slab of sidewalk, raised by a tow truck, slipped off its hook and fell on plaintiff’s hand. Because the vehicle was "parked” within the meaning of § 3106(1)2 at the time of the accident, and none of the § 3106(1) exceptions is applicable, plaintiff is not entitled to no-fault benefits, and we therefore reverse.

i

The essential facts are not in dispute. Plaintiff, a resident of Grosse Pointe Farms, was told by the city that the broken and uneven…