Michigan Court of Appeals; Docket No. 135055; Unpublished
Judges Gribbs, Holbrook, and Neff; 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)]
Entitlement to PIP Benefits: Motor Vehicle Involvement [§3105(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals held that a passenger in a taxicab who was wounded by gun fire from another vehicle after the drivers of the two vehicles argued, was not entitled to no-fault wage loss benefits under §3105(1). The court held that in this type of intentional assault, the involvement of the vehicle is not "directly related to its character as a motor vehicle." The court held the proper focus is upon the relationship between the injury and the use of a motor vehicle as a motor vehicle, not on the intent of the assailant. Here, plaintiffs injury occurred as a result of an argument with the involvement of the two vehicles being nothing more than incidental and fortuitous. The court relied upon its earlier decisions in Marzonie v Auto Club Insurance Association (Item No. 1586) and Thornton v Allstate Insurance Company (Item No. 935).
