Passenger electrocuted when dump box strikes overhead wire is eligible for no fault benefits
Irma Conn accompanied her husband when he used his dump truck to deliver beets for a farmer. Unfortunately, when Conn raised the dump box to unload the beets, it contacted an overhead electrical wire and energized the box. Irma was fatally electrocuted as she attempted to exit the truck cab. The two insurers involved disputed whether Irma was entitled to no fault PIP benefits.
Farm Bureau claimed that the truck was not being used in its "transportational function" and that it was parked---but not parked in a manner that was unreasonably dangerous. The Court rejected both of these claims and compelled Farm Bureau to pay No fault PIP benefits (i.e., medical, limited burial expenses, and three years of lost wages or household services) to Irma's family. Since Irma was "alighting" from the vehicle when she died, she would be eligible for PIP benefits even if the truck was not parked "in such a way as to cause unreasonable risk of harm".