Kelly v. Inter-City Truck Lines, Inc

Defendant appeals from an order of partial summary judgment directing it to pay personal protection insurance benefits to plaintiff under the automobile no-fault insurance act.

The trial court file contains no answer to plaintiff’s complaint. We accept as uncontroverted, therefore, the facts stated in the complaint. We note that the court file also contains no answer to plaintiff’s motion for summary judgment. It appears that the parties agree on the facts which we view as critical.

Allegedly, plaintiff was injured while unloading a semi-trailer owned by defendant. The trailer was parked at a…