Rajhel v. Automobile Club Insurance

Michigan Court of Appeals

Rajhel v. Automobile Club Insurance

378 N.W.2d 486, 145 Mich. App. 593, 1985 Mich. App. LEXIS 2913

CourtMichigan Court of Appeals

DecidedJuly 8, 1985

DocketDocket 74121

StatusPublished

Cited by5 cases

This text of 378 N.W.2d 486 (Rajhel v. Automobile Club Insurance) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rajhel v. Automobile Club Insurance, 378 N.W.2d 486, 145 Mich. App. 593, 1985 Mich. App. LEXIS 2913 (Mich. Ct. App. 1985).

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Per Curiam.

Plaintiff was unable to start her car and called a tow truck. When the tow truck arrived, she left her car and walked towards it. As plaintiff approached the tow truck, she slipped on a patch of ice and injured herself. Plaintiff then brought this suit seeking recovery of no-fault benefits from her insurer. The trial court denied defendant’s motion for summary judgment and this Court granted leave to appeal.

When denying defendant’s motion, the lower court found that plaintiff was an occupant of the motor vehicle and that there was a causal connec[595]*595tion between her injury and the ownership, operation, maintenance, or use of the motor vehicle. We reverse on the basis that, irrespective of the question of whether plaintiff was "occupying” or "maintaining” a motor vehicle, there has simply been no causal connection established between that activity and the injury sustained. The no-fault act was not designed to compensate all injuries occurring in or around a motor vehicle. Denning v Farm Bureau Ins Co, 130 Mich App 777, 782; 344 NW2d 368 (1983), lv den 419 Mich 877 (1984). The injury sustained in the instant case was unrelated to plaintiffs maintenance, etc., of a motor vehicle, since the injury could "just as well have occurred elsewhere”. 130 Mich App 786, i.e., its connection to a motor vehicle was merely fortuitous.

This Court has previously recognized that the typical slip-and-fall injury occasioned by icy conditions where the no-fault claimant is simply going to or from a motor vehicle is "without causal connection with the ownership, maintenance, and use of [a motor vehicle]”. Block v Citizens Ins Co of America, 111 Mich App 106, 109; 314 NW2d 536 (1981). See also, King v Aetna Casualty & Surety Co, 118 Mich App 648, 651; 325 NW2d 528 (1982), lv den 418 Mich 881 (1983); Griffin v Lumbermen's Mutual Casualty Co, 128 Mich App 624, 631; 341 NW2d 163 (1983). Were we to permit coverage here, we would be accepting an extremely attenuated causal connection. Because the facts are not in dispute, we hold that summary judgment should have been granted in favor of defendant.

Reversed and remanded for entry of judgment consistent with this opinion.

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Per Curiam.

Plaintiff was unable to start her car and called a tow truck. When the tow truck arrived, she left her car and walked towards it. As plaintiff approached the tow truck, she slipped on a patch of ice and injured herself. Plaintiff then brought this suit seeking recovery of no-fault benefits from her insurer. The trial court denied defendant’s motion for summary judgment and this Court granted leave to appeal.

When denying defendant’s motion, the lower court found that plaintiff was an occupant of the motor vehicle and that there was a causal connec[595]*595tion between her injury and the ownership, operation, maintenance, or use of the motor vehicle. We reverse on the basis that, irrespective of the question of whether plaintiff was "occupying” or "maintaining” a motor vehicle, there has simply been no causal connection established between that activity and the injury sustained. The no-fault act was not designed to compensate all injuries occurring in or around a motor vehicle. Denning v Farm Bureau Ins Co, 130 Mich App 777, 782; 344 NW2d 368 (1983), lv den 419 Mich 877 (1984). The injury sustained in the instant case was unrelated to plaintiffs maintenance, etc., of a motor vehicle, since the injury could "just as well have occurred elsewhere”. 130 Mich App 786, i.e., its connection to a motor vehicle was merely fortuitous.

This Court has previously recognized that the typical slip-and-fall injury occasioned by icy conditions where the no-fault claimant is simply going to or from a motor vehicle is "without causal connection with the ownership, maintenance, and use of [a motor vehicle]”. Block v Citizens Ins Co of America, 111 Mich App 106, 109; 314 NW2d 536 (1981). See also, King v Aetna Casualty & Surety Co, 118 Mich App 648, 651; 325 NW2d 528 (1982), lv den 418 Mich 881 (1983); Griffin v Lumbermen's Mutual Casualty Co, 128 Mich App 624, 631; 341 NW2d 163 (1983). Were we to permit coverage here, we would be accepting an extremely attenuated causal connection. Because the facts are not in dispute, we hold that summary judgment should have been granted in favor of defendant.

Reversed and remanded for entry of judgment consistent with this opinion.

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378 N.W.2d 486, 145 Mich. App. 593, 1985 Mich. App. LEXIS 2913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rajhel-v-automobile-club-insurance-michctapp-1985.

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