GREGORY J BUONODONO V HOME INSURANCE CO

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STATE OF MICHIGAN COURT OF APPEALS GREGORY J. BUONODONO, UNPUBLISHED December 20, 1996 Plaintiff-Appellant, v No. 187902 Saginaw County LC No. 94-4541-NZ HOME INSURANCE COMPANY, Defendant-Appellee. Before: McDonald, P.J., and Murphy and J. D. Payant*, JJ. PER CURIAM. Plaintiff was injured on the job while unloading debris from a truck. Plaintiff received worker’s compensation benefits and brought this action to recover lost wages not paid by worker’s compensation that were recoverable as lost wages benefits under Michigan’s no-fault insurance act, MCL 500.3107; MSA 24.1307. Summary disposition was granted in defendant’s favor. Plaintiff appeals as of right. We affirm. Plaintiff first argues that the trial court erred in ruling as a matter of law that the “roll-off box” he was in at the time of his injury was not “another vehicle” as that term is used in MCL 500.3106(2)(a); MSA 24.13106(2)(a). We disagree. The fact that the “roll-off box” had a wheel on each lower corner is not dispositive. No evidence suggested that these wheels were used for any other purpose than to load the box onto, or off of, a trailer that subsequently transported the box and the debris it contained to and from and job site. Because no evidence suggested that the “roll-off box,” alone, was capable of moving about the job site with little or no difficulty, it does not fall “within the definition of the term ‘vehicle’ as commonly understood.” Gordon v Allstate Ins Co, 197 Mich App 609, 617; 496 NW2d 357 (1992). Plaintiff conceded, at oral argument, his remaining issue is without merit. That is, no fault benefits are not available to a person collecting workers compensation for injuries arising out of the same incident. * Circuit judge, sitting on the Court of Appeals by assignment. -1­ Affirmed. Costs to defendant. /s/ Gary R. McDonald /s/ William B. Murphy /s/ John D. Payant -2­

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