Kent County Circuit Court; Docket No. 96-06360-NF; Unpublished
Honorable Donald A. Johnston
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 claim for no-fault first party benefits, Judge Johnston ruled from the bench that a secondary knee injury subsequently incurred as a result of an ankle injury sustained in a car accident, could satisfy the causal connection requirement of §3105( 1), thus obligating the no-fault insurer to pay medical expenses for the secondary knee injury. As a result, summary disposition was inappropriate and the matter should be submitted to the trier of fact.
The plaintiff in this case was involved in an automobile accident on July 30,1993, and suffered a serious fracture to her right ankle, requiring open reduction internal fixation surgery and subsequent ankle fusion. As a result of this ankle injury, plaintiff was wheelchair bound for almost two years. When plaintiff attempted to get out of the wheelchair for the first time in May 1995, she fell to the floor as a result of her right ankle giving out, causing her to sustain a serious injury to her right knee (including internal derangement) which resulted in total right knee joint replacement surgery. Prior to the accident, plaintiff never had any problems with her right ankle or her right knee. Defendant ACIA refused to pay for any medical expenses relating to plaintiffs right knee injury, taking the position that the injury to plaintiffs right knee did not arise out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle, within the meaning of §3105(1). Defendant ACIA moved for summary judgment Judge Johnston, in a bench opinion, denied defendant's motion, finding more than "but for” or fortuitous connection between the automobile accident and plaintiffs right knee injury.
