Frohm v. American Motorists Insurance

Defendant appeals by leave granted from the trial court’s denial of its motion for summary judgment pursuant to GCR 1963, 117.2(3), now MCR 2.116(0(10), on plaintiff’s claim for no-fault benefits. We reverse.

In the course of plaintiff’s employment as a driver of a refuse truck, he loaded large free-standing metal waste containers onto his truck by attaching a metal cable to the waste container and engaging a hydraulic mechanism on his truck to winch the container onto the bed of the vehicle. In order to operate the hydraulic mechanism, it was necessary to keep the engine of the truck running…