Waldbillig v. State Farm Mutual Automobile Insurance Co.

321 N.W.2d 49, 1982 Minn. LEXIS 1622
CourtSupreme Court of Minnesota
DecidedJuly 2, 1982
Docket81-780
StatusPublished
Cited by28 cases

This text of 321 N.W.2d 49 (Waldbillig v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waldbillig v. State Farm Mutual Automobile Insurance Co., 321 N.W.2d 49, 1982 Minn. LEXIS 1622 (Mich. 1982).

Opinions

KELLEY, Justice.

State Farm Mutual Automobile Insurance Company (State Farm) appeals from an order granting respondent Eldon Wald-billig’s motion for amended Findings of Fact, Conclusions of Law and Order for Judgment and denying appellant’s motion requesting the same relief and from the judgment thereafter entered. The judgment granted respondent recovery for wage loss and medical expenses incurred by him as a result of an injury which occurred while he owned automobile insurance policies providing “no-fault” coverage issued by the appellant. We reverse.

Respondent Waldbillig, now 72 years of age, had a work history of farming, factory work and work as a meatcutter. For approximately 30 years, he worked as a woodsman in the logging industry in northern Minnesota and was self-employed in that capacity during the 15 years prior to his injury. On April 28, 1977, respondent had come to the Twin Cities metropolitan area to examine a Chevrolet tandem truck with a Shield Bantam backhoe mounted on it. Respondent planned to purchase the tandem unit, if satisfactory, for use in his logging business. The backhoe was permanently mounted on the bed of the truck, but operation of the backhoe itself was totally independent from the operation of the truck. The truck and the backhoe had separate engines, separate electrical systems and separate operational controls. The backhoe could not be started or operated from the cab of the truck, nor could the truck be operated from the separate cab of the backhoe.

Upon arrival at the site where the tandem unit was located, respondent attempted first to start the truck engine from the truck cab but was unable to do so. Respondent then climbed into the cab of the backhoe mounted on the rear of the tandem and attempted to start the backhoe engine, but it would not start either. Apparently, the starter button on the backhoe engine was, as respondent put it, “haywire.” After the owner or the owner’s agent connected jumper cables from a pick-up truck to the backhoe battery, respondent attempted to start the backhoe engine by shorting across the solenoid. The backhoe engine eventually started, but upon ignition it revved up to a high speed indicating that the governor was stuck. Respondent immediately turned off the backhoe engine and made adjustments on the governor. The backhoe motor was restarted and was running normally when suddenly it again “started running away” while respondent had his hand on the governor. His hand was “sucked” into the backhoe motor fan, and he sustained injuries to the fingers of his right hand which required two of them to be amputated. The amputation of the two fingers on respondent’s dominant hand resulted in 70% impairment of the total functioning capacity of both hands combined.

Following the accident, respondent was no longer able to continue his occupation as a woodsman, and it was physically impossible for him to engage in any occupation which required him to operate or handle tools or equipment requiring the use of a full hand grip. After recovering from his [51]*51injuries, respondent worked temporarily as a construction site watchman for a highway construction firm. He subsequently commenced this action to recover wage loss and medical benefits under two “no-fault” automobile policies issued by State Farm on vehicles owned by the respondent. The trial court, sitting without a jury, awarded respondent $2,922.29 in medical expenses plus $13,428 in wage loss benefits.

Two issues are raised on appeal. First, is respondent entitled to no-fault benefits resulting from injuries incurred during the inspection of a backhoe which was permanently mounted on a truck chassis but which was operated independently from the operating mechanism of the truck? Second, did the trial court correctly compute respondent’s wage loss benefits?

Resolution of the first issue depends upon whether respondent’s injury arose out of the maintenance or use of a motor vehicle as a vehicle within the meaning of Minn. Stat. § 65B.43, subd. 3 (1980).1 Appellant contends that testing or inspection of a backhoe mounted on a truck does not constitute the “use of a motor vehicle as a vehicle.” Respondent contends that the truck-backhoe tandem was a motor vehicle and that he was occupying it and using it at the time of the accident. Even if it be assumed that the truck-backhoe tandem is a “motor vehicle” within the meaning of the statute,2 whether it was being maintained or used as a motor vehicle at the time of the accident is the crucial question. In Commissioner’s Comments on § 1(a)(6) of the Uniform Motor Vehicle Accident Reparations Act (1972), the restrictive meaning of the word “use” as it appears in this statute is explained:

While “use” has a broader meaning than operating or driving a vehicle, the requirement that use of the motor vehicle be “as a motor vehicle” qualifies the term so that both the tort exemption and the availability of basic reparation benefits are more nearly limited to activities whose costs should be allocated to motoring as part of an automobile insurance package. * * * Other than specifying that injury arise out of maintenance or use “as a vehicle,” it has not been possible to define the general concept more specifically, so borderline cases are left to the courts * * *. (emphasis supplied)

Our cases have held that before no-fault benefits can be recovered, the “use” of the motor vehicle must be for transportation purposes. The mere fact that an accident occurred while the injured party was on, in or near a statutorily defined motor vehicle, of itself is not dispositive. Thus, we have held that where workmen were injured while loading and unloading heavy boxes inside a stationary truck, their injuries were not compensable under the statute because they did not arise out of “maintenance or use of a motor vehicle as a vehicle.” Galle v. Excalibur Insurance Co., 317 N.W.2d 368 (Minn.1982). We likewise held in Krupenny v. West Bend Mutual Insurance Co., 310 N.W.2d 133 (Minn.1981) that a workman injured when a dumpster on a garbage truck fell could not recover no-fault benefits be[52]*52cause, at the time of the accident, he was neither “occupying” nor “alighting from” the truck when the dumpster fell. To the contrary, we have held that a person injured when he was entering a motor vehicle intending, to become a passenger would be allowed recovery. Haagenson v. National Farmers Union Property and Casualty Co., 277 N.W.2d 648 (Minn.1979).3

Other of our cases have addressed the question of whether recovery is allowable when the injured party is occupying the vehicle. In National Family Insurance Co. v. Boyer, 269 N.W.2d 10 (Minn.1978), we held that when a person was injured by the discharge of a pistol within an automobile, the accident did not arise out of the “use” of the automobile.4

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Bluebook (online)
321 N.W.2d 49, 1982 Minn. LEXIS 1622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waldbillig-v-state-farm-mutual-automobile-insurance-co-minn-1982.