McKenzie v. Auto Club Insurance Ass'n
Michigan Supreme Court
1DissentCavanagh, J.
This case calls on us to determine whether the plaintiff is entitled to personal protection insurance benefits under the no-fault act1 for injuries resulting from a nonfatal asphyxiation that occurred while he was sleeping in a camper/ trailer attached to his pickup truck. Because I find that, under the tests enunciated in our past decisions, plaintiff meets the requirements of the act and is entitled to benefits, I dissent from the majority’s holding. It appears that the majority’s effort today adds a transportational use limitation to the statute where the Legislature has inserted no such…
2Cases cited7 opinions
- Shavers v. Attorney GeneralMichigan Supreme Court · 1978
- Thornton v. Allstate InsuranceMichigan Supreme Court · 1986
- Putkamer v. Transamerica Insurance Corp. of AmericaMichigan Supreme Court · 1997
- Bialochowski v. Cross Concrete Pumping Co.Michigan Supreme Court · 1987
- Winter v. Auto. Club of Mich.Michigan Supreme Court · 1989
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