DETROIT (AP) – The Michigan Supreme Court has ruled in favor of a Detroit-area man who is seeking insurance benefits for injuries suffered when he got out of his pickup truck.
Daniel Kemp tore a calf muscle while stretching on his tiptoes to grab a thermos, briefcase and overnight bag, just 30 seconds after parking at home. Two courts said he wasn’t entitled to payment from his truck insurer.
But in a 4-3 opinion Thursday, the Supreme Court said a jury should sort out the facts in Kemp’s case. The court says he was using his truck for transportation purposes when he was unloading his possessions – a key legal threshold.
Farm Bureau Insurance has warned that insurance companies could become responsible for strained backs, stubbed toes and other common injuries.