Wills v. State Farm Ins. Cos.

468 N.W.2d 511, 437 Mich. 205
CourtMichigan Supreme Court
DecidedApril 30, 1991
Docket85807, (Calendar No. 6)
StatusPublished
Cited by13 cases

This text of 468 N.W.2d 511 (Wills v. State Farm Ins. Cos.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wills v. State Farm Ins. Cos., 468 N.W.2d 511, 437 Mich. 205 (Mich. 1991).

Opinions

Cavanagh, C.J.

We granted leave to appeal in this case to examine the parking exception contained in § 3106(l)(a) of the no-fault liability stat[208]*208ute.1 This exception allows recovery of benefits from an accident involving a parked vehicle, but only if the vehicle was parked in an unreasonably dangerous manner. We hold that where the facts are undisputed, the determination of whether an automobile is parked in such a way as to create an unreasonable risk of bodily injury within the meaning of § 3106(l)(a) is an issue of statutory construction for the court. Summary disposition in favor of the defendant insurance company is affirmed.

i

On January 26, 1985, at approximately 10:00 p.m., a snowmobile traveling north along the shoulder of highway M-19 struck an unoccupied automobile. The automobile was facing oncoming traffic with its lights off. The plaintiff’s husband, a passenger on the snowmobile, was killed. The snowmobile was unlawfully traveling along the shoulder of the highway. The plaintiff sought survivor’s benefits through State Farm Insurance Company, her husband’s no-fault insurer.

State Farm denied benefits, and the plaintiff sought recovery in circuit court. The court granted summary disposition in favor of the insurance company, holding that the plaintiff offered no facts to support the conclusion that the vehicle was unreasonably parked. The Court of Appeals affirmed on the ground that even if the car had been unreasonably parked, it was not in use as a motor vehicle and summary disposition, therefore, was proper.2 We granted leave to appeal.3

The issue before this Court is whether it can be [209]*209determined, as a matter of law, whether an automobile parked on the shoulder of a highway is unreasonably parked under § 3106(l)(a).

n

No-fault benefits, including survivors’ benefits, are available for "accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle . . . MCL 500.3105(1); MSA 24.13105(1). Since snowmobiles are not motor vehicles for purposes of the no-fault statute,4 it must be determined whether the parked vehicle was in use as a motor vehicle.

Under § 3106 of the no-fault act, parked vehicles are declared not to be in use as motor vehicles unless one of the stated exceptions is satisfied. In this case, the plaintiff is relying on § 3106(l)(a) which allows recovery when the vehicle "was parked in such a way as to cause unreasonable risk of the bodily injury which occurred.”

A

In its decision, the Court of Appeals cited Autry v Allstate Ins Co, 130 Mich App 585; 344 NW2d 588 (1983), which has been cast into some doubt because of this Court’s ruling in DiFranco v Pickard, 427 Mich 32; 398 NW2d 896 (1986). The DiFranco reasoning does not operate to create a question of fact in this case because the statutory [210]*210provisions involved are distinguishable on several grounds.

In DiFranco we overturned prior case law by declaring that the "question whether the plaintiff suffered a serious impairment of body function must be submitted to the trier of fact whenever the evidence ... is such that reasonable minds could differ as to the answer.” Id. at 69. This rule is in opposition to the customary rule requiring the jury to decide the facts and the judge to construe the law by interpreting statutory language. While there were compelling reasons for departing from that rule in DiFranco, there are no such reasons for abandoning it when construing the parking exclusion.

One of the underlying policy considerations behind the no-fault insurance legislation was to reduce the number of cases seeking damages for economic loss.5 The serious impairment clause is a threshold requirement which must be satisfied before the plaintiff can recover for noneconomic loss such as pain and suffering; what the plaintiff seeks here is economic loss, specifically survivor’s benefits. The policy of keeping down the number of lawsuits applies to the plaintiff’s effort to recover economic loss and favors a determination as a matter of law.

Furthermore, the Court in DiFranco opined that the phrase "serious impairment of body function” was not definable and that the Court of Appeals decisions had not been successful in clarifying the definition. Id. at 50. In contrast, the question whether a parked vehicle creates an "unreason[211]*211able risk” is the type of question that confronts trial courts routinely, and there is no disparity among the Court of Appeals panels in their interpretation of § 3106. Each panel addressing the issue has appropriately held that a vehicle, parked in a prudent fashion and out of the flow of trafile, does not create an unreasonable risk of injury under § 3106.6 We are persuaded that it promotes judicial economy and uniformity to determine this issue as a matter of statutory construction.

The phrase "serious impairment of a body function” refers to a particular injury, suffered by a particular plaintiff. Accordingly, it lends itself to individualized interpretation by a jury. In contrast, the phrase "unreasonable risk” examines not the action of the actor in parking the car, but the nature of the risk to unknown third parties, who are thereby put at risk. The standard must be objective and external, and it should be. the same for all persons. It is inappropriate to allow that standard to fluctuate with the vagaries of different jury panels. The phrase need not be individualized, and we accept the parking statutes and regulations to quantify the degree of risk to be deemed "reasonable.”7 This is an area of the law where a uniform standard should be applied.

Finally in this regard, we note that unlike the "serious impairment” standard, the Legislature [212]*212has provided some guidance to the courts through its parking regulations. Since there are no statutory guidelines for the definition of "serious impairment,” DiFranco qualified its result by stating: "Without further guidance from the Legislature, we believe that juries are better suited to resolving threshold questions where reasonable minds can differ on the answer ” Id. at 57. Because there is statutory guidance relating to proper parking techniques, the court is well suited to resolving this threshold question when the facts are not in dispute.

Thus, when the facts are not disputed it becomes the function of the court, as a matter of law, to determine whether any of the statutory exceptions are satisfied. Whenever a vehicle is parked, it necessarily creates a degree of risk of collision with vehicles moving in proximity. That risk, however, is the same risk that inheres to any stationary object adjacent to the roadway. Recognizing that some risk is unavoidable, and respectful of the goal of the no-fault act to provide compensation for vehicular accidents, the court must examine the parking statutes and determine whether an alleged violation endangers a class of persons intended to be protected by the statutes.

B

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Wills v. State Farm Ins. Cos.
468 N.W.2d 511 (Michigan Supreme Court, 1991)

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Bluebook (online)
468 N.W.2d 511, 437 Mich. 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wills-v-state-farm-ins-cos-mich-1991.