Michigan Court of Appeals; Docket No. 152060; Unpublished
Judges Shepherd, Holbrook, and MacKenzie; 2-1 (with Judge Mackenzie Dissenting); 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In this unpublished 2-1 per curiam Opinion, the Court of Appeals affirmed the trial court's order granting summary disposition in favor of plaintiff on her complaint for no-fault first-party benefits, holding that her injuries sustained while washing her car arose out of the maintenance of the vehicle.
Plaintiff had brought her pick-up truck to a coin operated self-serve car wash in order to clean her vehicle. As she was walking from the vehicle to the change machine, plaintiff slipped and fell on a patch of ice and was injured. Plaintiff claimed that her injuries arose out of the maintenance of her motor vehicle and, therefore, was entitled to no-fault first-party benefits under §3105(1).
The Court of Appeals noted that the term "maintenance" as used in the no-fault act is to be liberally construed. The Court of Appeals upheld the trial court's ruling that plaintiff was in the process of maintaining her vehicle at the time of her injury. The Court of Appeals relied on its earlier decision in Musall v Golcheff, 174 Mich App 700 (1989) (Item No. 1219), where it held that the plaintiff was in the process of maintaining his vehicle when he was injured while in the process of cleaning his vehicle at a self-serve car wash.
Judge MacKenzie dissenting and would have reversed the trial court's order granting summary disposition. Judge MacKenzie noted that there must be a causal connection between the injury and the maintenance of the motor vehicle which is something more than "incidental, fortuitous or but for." The dissent would hold that plaintiffs injuries here were not caused by an act of vehicle maintenance, and instead, the car wash merely served as the location of plaintiff’s slip and fall.
