Michigan Court of Appeals; Docket No. 221389;
Judges Jansen, Zahra and Owens; Unanimous
MTLA File No. OP-1500-2. Link to Opinion 
STATUTORY INDEXING:
Exception for Entering Into or Alighting From [3106(1)(c)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed the trial court’s ruling that plaintiff was not entitled to no-fault PIP benefits under the parked vehicle provisions of section 3106(1)(c). Plaintiff in this case sustained injury after exiting her motor vehicle, taking several steps across a snow covered median, slipping on ice and falling to the ground sustaining injuries. The trial court and Court of Appeals ruled that, because plaintiff’s vehicle was parked, she must satisfy one of the parked vehicle exceptions contained in section 3106(1). Plaintiff contended that she qualified for benefits under section 3106(1)(c) because she was injured while “alighting from” the vehicle. In rejecting this argument, the Court of Appeals referred to the Supreme Court’s opinion in Putkamer v Transamerica Insurance Corporation [Item No. 1929], which requires a causal relationship between the injury and the parked vehicle which is more than incidental or fortuitous. In rejecting plaintiff’s claim for benefits, the Court of Appeals stated:
“The phrase ‘alighting from’ in MCL 500.3106(1)(c) is not defined. However, this Court has interpreted the phrase as requiring ‘some movement associated with physically removing one’s person from the immediate confines of the vehicle....’ Sheena Kelley had completed the process of alighting from the vehicle when she was injured; therefore, she was not alighting from the vehicle at the time she was injured. The fact that Sheena Kelley was next to her vehicle when she fell gave the vehicle at most an incidental causal connection to her injuries. Injuries such as those sustained by Sheena Kelley could have occurred in any setting in which ice and snow were present, and were not closely related to the transportational function of the vehicle.”
