Michigan Court of Appeals; Docket No. 55019; Unpublished
Judges MacKenzie, Kavanagh, and Walsh; 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)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous, per curiam Opinion, the Court of Appeals, relied upon Williams v Citizens Mutual (item number 267) in denying benefits. The plaintiffs in this case were the parents of a minor who had been struck and killed by a motor vehicle. Plaintiff parents alleged that they suffered severe emotional and mental injuries as the result of the death of their son and that they incurred various expenses for medical, psychiatric and psycbhological care. The plaintiffs brought this action for no-fault first party benefits to recover for those expenses. The Court affirmed summary judgment in favor of the defendant and noted that in Williams, PIP benefits were not payable for such injuries because they were "insufficiently related to the ownership, operation, maintenance or use of a motor vehicle." The Court concluded by stating, "Plaintiffs have shown no convincing reason to depart from our previous holding in Williams and we decline to do so."