Mathis v. Interstate Motor Freight System

Michigan Court of Appeals

Mathis v. Interstate Motor Freight System

73 Mich. App. 602

CourtMichigan Court of Appeals

DecidedFebruary 3, 1977

DocketDocket No. 28032

StatusPublished

Cited by1 cases

This text of 73 Mich. App. 602 (Mathis v. Interstate Motor Freight System) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mathis v. Interstate Motor Freight System, 73 Mich. App. 602 (Mich. Ct. App. 1977).

Pincite

Opinion

Per Curiam.

The trial court granted defendant an accelerated and/or summary judgment in a suit by plaintiff to recover no-fault personal protection insurance benefits from defendant. Plaintiff appeals and we affirm.

Plaintiff was employed by defendant as a dock [603]*603man. He fell and injured his left knee and leg while unloading freight from a semi-trailer.

Plaintiff received workmen’s compensation benefits. He applied for benefits under the no-fault act. MCLA 500.3101 et seq.; MSA 24.13101 et seq.

The trial judge held that workmen’s compensation benefits were plaintiffs exclusive remedy. MCLA 418.101 et seq.; MSA 17.237(101) et seq.

The Supreme Court in Solakis v Roberts, 395 Mich 13, 20; 233 NW2d 1, 4 (1975), said: "When an employee’s injury is within the scope of the act, workmen’s compensation benefits are the exclusive remedy against the employer.”

Affirmed. Costs to defendant.

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