Dupie v Michigan Mutual Insurance Company; (COA-UNP, 6/1/1988; RB #1134)


Michigan Court of Appeals; Docket No. 100037; Unpublished  
Judges Beasley, Sawyer, and Weaver; Unanimous; Per Curiam   
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   

Disqualification for Unlawful Taking and Use of a Vehicle [§3113(a)]

Evidentiary Issues   

In this unanimous per curiam Opinion, the Court of Appeals affirmed an order granting summary disposition in favor of defendant holding that plaintiff was disqualified from receiving no-fault benefits pursuant to §31131(a) of the Act Affidavits filed by defendant in connection with this notion showed that plaintiff had taken the vehicle without permission at the time of the accident Plaintiff was also subsequently convicted of joyriding for his actions. The court held, when a party supports with affidavits a motion brought under MCR 2.116(C)(10), the opposing party may not rest upon the mere allegations or denial of his pleading, but must, by affidavits or otherwise set forth the specific facts showing that there exists a genuine issue before trial. Plaintiff failed to refute the facts set forth in the affidavits and therefore the trial court was correct in granting the motion.