Parker v Auto-Club Insurance Association; (CCC-___ , 10/18/1988; RB #1196)


Muskegon County Circuit Court; Docket No. 87-23282-CK;    
Judge Michael E. Kobza;___    
Official Reporter Citation:  ___; Link to Opinion alt    

Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]    
Entitlement to PIP Benefits: Motor Vehicle Involvement [§3105(1)]

Not Applicable    

In this written Opinion, Judge Kobza awarded no-fault benefits to plaintiff motorcyclist on the basis that there was sufficient proof of the involvement of a motor vehicle in plaintiff’s accident to trigger payment of benefits. Plaintiff motorcyclist was in the process of exiting an expressway when he noticed a motor vehicle behind him bearing down so fast that it was apparent to the plaintiff that the motor vehicle would ram the rear of plaintiff s motorcycle unless he took evasive action. Plaintiff then made a judgment to move over to the right lane which forced him onto a median area, put him in a position where he was confronted by another vehicle, and caused him to make another evasive maneuver which caused him to lose control on loose gravel and strike a concrete culvert. Judge Kobza, citing the Court of Appeals decision in Bromley v Citizens Insurance (Item No. 495) held that there was a sufficient causal nexus between the unidentified motor vehicle that was rapidly approaching the rear of plaintiff’s motorcycle and the plaintiffs subsequent loss of control. As a result, there was a sufficient causal nexus between plaintiff’s accident and the operation of another motor vehicle to entitle plaintiff to recover no-fault benefits.