Michigan Court of Appeals; Docket No. 51648; Unpublished
Judges Bronson, Maher, and O'Brien; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a unanimous per curiam Opinion which reverses Item No. 303, the Court of Appeals held that where plaintiff’s decedent was killed by a gunshot blast fired from an automobile which was almost struck by a vehicle driven by plaintiff’s decedent, the fatality did not arise out of the ownership, operation, maintenance or use of a motor vehicle, as required by §3105 (1) of the No-Fault Act. In citing numerous cases dealing with the "arising out of" issue, the court held, "An armed assault on the driver of a car is not conduct foreseeably identifiable with the normal use of the vehicle."