Michigan Court of Appeals; Docket No.170229; Unpublished
Judges Griffin, Sawyer, and Corwin; 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)]
Entitlement to PIP Benefits: Transportational Function Requirement [§3105(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals denied no-fault PIP benefits to a plaintiff who was injured by two thieves who slammed an open car door against plaintiffs shoulder in an effort to steal her purse. The court held that this injury was not compensable under §3105(1) because it did not arise out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle. The court relied upon the previous Supreme Court decisions in Bourne v Farmers Insurance [Item No. 1780] and Thornton v Allstate Insurance Company [Item No. 935], which held that carjackings and assaults were not sufficiently causally related to the normal use of a motor vehicle to justify payment of PIP benefits. The court stated:
"Here, plaintiffs injuries were not sustained while her automobile was being used as a motor vehicle. Rather, her injury occurred while the door to her automobile was being used as a club or a weapon by the thieves in an effort to incapacitate plaintiff during a robbery. Because the relationship between the functional character of the motor vehicle and plaintiffs injuries were not direct and was instead quite incidental, we are persuaded that the trial court properly granted defendant's motion for summary disposition."
