Michigan Court of Appeals; Docket No. 298384; Unpublished
Judges Gleicher, Hoekstra, and Stephens; 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 this unanimous per curiam opinion, the Court of Appeals affirmed the trial court grant of summary disposition in favor of the defendant Titan for unpaid medical expenses on the basis that the plaintiff was either purposefully exaggerating the extent of the injury or his condition did not arise out of the motor vehicle accident within the meaning of MCL 500.3105.
Plaintiff was injured in an April 2008 motor vehicle accident when he “clunked” heads with a fellow passenger. Titan paid the plaintiff’s medical costs until October 2008 when the plaintiff’s own doctors concluded that the plaintiff was purposefully exaggerating the extent of his injuries or was suffering from an unknown and unrelated psychological malady.
The Court of Appeals, in affirming the trial court grant of summary disposition in favor of Titan, held that the entirety of the evidence, including reports from the plaintiff’s own doctors, established that the plaintiff did not have any injury “arising out of” or caused by the car accident. Other doctors indicated the possibility that the plaintiff was engaging in “symptom magnification.” All of the evidence, when viewed in the light most favorable to the plaintiff, showed that the plaintiff had no objective signs of injury following the motor vehicle accident. The plaintiff engaged in uncooperative and exaggerated behaviors. Accordingly, the court held that the plaintiff had not created a genuine issue of material fact that any potential injury arose out of or was caused by the motor vehicle accident.
