Michigan Court of Appeals; Docket No. 75735; Published
Judges Holbrook, MacKenzie, and Lamb; Unanimous; Per Curiam
Official Michigan Reporter Citation: 141 Mich App 331; 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 denied no-fault benefits in a case arising out of the fatal shooting of Plaintiff’s husband in a robbery. Plaintiff was operating a motor vehicle with her husband as a passenger. While driving the vehicle, they were followed home by robbers who accosted Plaintiff and her husband after she parked the vehicle in their driveway. Plaintiff’s husband was fatally shot by the robbers while seated in the vehicle. In denying benefits, the Court of Appeals stated that there was an insufficient causal connection between the death of plaintiff’s husband and the ownership, operation, maintenance or use of the automobile, which connection was more than merely incidental or fortuitous. The court distinguished the award of benefits in the previous assault cases of Saunders v DAIIE (Item No. 617) and Mann v DAIIE (Item No. 463). In each of those cases, the injuries were sustained while the automobile was actually moving on the highway. Thus, the causal connection between the injuries sustained and the use of the automobile was more than incidental.
