ROSNER v. MICH MUT INS. CO.

Docket No. 125708.

189 Mich. App. 229 (1991)

471 N.W.2d 923

ROSNER v. MICHIGAN MUTUAL INSURANCE COMPANY

Michigan Court of Appeals.

Decided May 7, 1991, at 9:50 A.M.


Attorney(s) appearing for the Case

Petrucelli & Petrucelli, P.C. (by Joseph C. Sartorelli), for the plaintiff.

Lori & Jaspen, P.C. (by Daniel M. Jaspen), for the defendant.

Before: MURPHY, P.J., and BRENNAN and MARILYN KELLY, JJ.


PER CURIAM.

Defendant appeals as of right from a Dickinson Circuit Court order granting summary disposition to plaintiff. MCR 2.116(C)(10). The court found that, under the no-fault act, plaintiff was an "occupant" of the insured vehicle and, therefore, was entitled to recover personal protection benefits from defendant. MCL 500.3111; MSA 24.13111. We reverse and grant summary disposition to defendant.

On October 29, 1986, plaintiff was driving a semitrailer...

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