Galle v. Excalibur Insurance Co.

WAHL, Justice

(dissenting in part).

I agree with the majority opinion that Standfield’s injury is encompassed within the No-Fault Act but must respectfully dissent from the holding that the injuries of Galle and Schroedl are not so encompassed.

Minn.Stat. § 65B.43, subd. 3 (1980), clearly sets out that “[mjaintenance or use of a motor vehicle does not include * * * conduct in the course of loading and unloading the vehicle unless the conduct occurs while occupying, entering into or alighting from it.” (Emphasis added.) Recovery was denied in Krupenny because the plaintiff was not occupying, alighting from or entering the garbage truck when the dumpster fell. Krupenny v. West Bend Mutual Insurance Co., 310 N.W.2d 133 (Minn.1981). Here, Galle and Schroedl were both “occupying” their trucks when their injuries occurred. To hold that those injuries did not arise out of the use of the plaintiffs’ trailers as vehicles would ignore the clear language of the statute. When construing statutes, “[t]he general rule is that where language is unambiguous, the clearly expressed intent must be given effect and there is no room for construction. * * * * In interpreting a statute, a court must construe the language so as to effectuate the legislative intent.” Mankato Citizens Telephone Co. v. Commissioner of Taxation, 275 Minn. 107, 112, 145 N.W.2d 313, 317 (1966) (citations omitted).

The legislature clearly intended some loading and unloading injuries to be com-pensable under the Act. In limiting the injuries by specifying that only those occurring while a person is occupying, entering into or alighting from a motor vehicle arise out of the “maintenance and use of a motor vehicle,” the legislature has eliminated many injuries covered by workers’ compensation benefits or other reparation schemes.

While the injuries of Galle and Schroedl were not the standard automobile accident injury, neither were they irrational, bizarre happenings in view of the use of the truck. As a matter of law these injuries arose out of the use of a motor vehicle and are com-pensable under the Minnesota No-Fault Act.