Gobler v. Auto-Owners Ins Co

In Gobler v. Auto-Owners Ins Co, 428 Mich. 51, 61; 404 N.W.2d 199 (1987), the Supreme Court also considered a case in which the decedent was unemployed at the time of his death. The Court determined that "the Legislature did not intend to automatically deny relief to dependents of a deceased on the sole basis that the deceased was unemployed at the time the accidental bodily injury causing death occurred." Gobler, 428 Mich. at 64. The decedent had previously worked for the United States Forestry Service but was an unemployed student when he was killed in an automobile accident on March 16, 1976. Some time in 1975, the decedent had filed an application for full-time employment with the Forestry Service and he qualified for inclusion on the Civil Service Registry on the basis of his education and superior academic standing. An inquiry of availability was forwarded to him on September 14, 1976, some six months after he died. A Forestry Service staffing specialist testified that four of the six people who qualified for the three open positions declined or failed to reply. The decedent therefore would have received a full-time position. Gobler, 428 Mich. at 56-58. The Court denied the decedent's widow survivor's loss benefits based on these facts. Gobler, 428 Mich. at 59. However, the Supreme Court agreed with the trial court that the decedent would have been employed by the Forestry Service if he had survived the accident and reinstated survivor's loss benefits. Gobler, 428 Mich. at 66.